TERMS AND CONDITIONS OF HIRE
Fay Sweepers Ltd
Radius House, 51 Clarendon Road, Watford, WD17 1HP
Tel: 01923 590161 | Email: info@faysweepers.co.uk
These terms and conditions apply to all hire contracts between Fay Sweepers Ltd and the Hirer. These conditions are not applicable to consumer contracts.
1. DEFINITIONS
“Company” means Fay Sweepers Ltd, a company registered in England and Wales.
“Contract” means the agreement between the Company and the Hirer for the hire of Equipment, incorporating these terms and conditions.
“Equipment” means all road sweepers, vehicles, machinery, accessories, and any ancillary items supplied by the Company to the Hirer under the Contract, including any operators or drivers supplied alongside.
“Hire Period” means the period commencing when the Equipment leaves the Company’s depot or place of last employment, and ending when the Equipment is returned to the Company’s nominated depot or agreed location. The Hire Period includes all time the Equipment is in transit to or from site, and any time left on site during evenings, nights, weekends, or holiday periods.
“Hirer” means the company, firm, person, or public authority taking the Equipment on hire from the Company.
“Holiday Period” means any cessation of work over Easter, Christmas, New Year, or any Bank or Public Holiday.
“Working Day” means 8.00am to 4.30pm Monday to Thursday, and 8.00am to 3.30pm on Friday, allowing a half-hour lunch break, unless otherwise agreed in writing.
“Working Week” means the period from 8.00am on Monday to 3.30pm on Friday, unless otherwise agreed in writing.
2. SCOPE OF CONTRACT
These terms and conditions govern the entire relationship between the Company and the Hirer in respect of the hire of Equipment. No other terms or conditions shall apply unless expressly agreed in writing and signed by a director of Fay Sweepers Ltd. These conditions supersede all prior negotiations, representations, or agreements whether written or oral.
3. ACCEPTANCE OF EQUIPMENT
Acceptance of the Equipment on site by the Hirer constitutes acceptance of all terms and conditions set out herein, unless otherwise agreed in writing prior to delivery.
4. DELIVERY AND COLLECTION
The Hirer is responsible for ensuring unobstructed access and egress to and from the site at all times. Unless otherwise agreed in writing, the Hirer is responsible for the unloading and loading of Equipment at the site. Any Company personnel assisting with unloading or loading shall be deemed to be acting under the direction and control of the Hirer during that time.
5. CONDITION OF EQUIPMENT AND MAINTENANCE
The Equipment will be supplied in good working order. Unless written notification is received by the Company within 24 hours of the commencement of the Hire Period, the Equipment shall be deemed to have been received in good order and to the Hirer’s satisfaction.
The Hirer is responsible for the safe keeping of the Equipment throughout the Hire Period, for its use in a proper and workmanlike manner within the manufacturer’s rated capacity, and for its return at the end of the Hire Period in equal good order, fair wear and tear excepted.
The Hirer shall take all reasonable steps to monitor the condition of the Equipment throughout the Hire Period. If Equipment is continued in use in an unsafe or unsatisfactory condition, the Hirer shall be solely responsible for any resulting damage, loss, cost, or accident.
6. ACCESS FOR INSPECTION
The Hirer shall permit the Company, its agents, or insurers reasonable access to the Equipment at any time during the Hire Period for the purposes of inspection, testing, adjustment, or repair. The Company reserves the right to charge for any inspection or maintenance work required during the Hire Period as a result of the Hirer’s use.
7. SITE AND GROUND CONDITIONS
The Hirer is responsible for ensuring that the site, access roads, and ground conditions are suitable for the safe operation of the Equipment. If ground conditions are soft or otherwise unsuitable, the Hirer shall arrange appropriate support or preparation at their own cost. The Hirer is responsible for any damage caused to underground services, utilities, pavements, roads, or structures on or adjacent to the site arising from the use of the Equipment.
8. OPERATORS AND DRIVERS
Where the Company supplies an operator or driver with the Equipment, that person shall be under the direction and control of the Hirer during the Hire Period. The Hirer shall be solely responsible for all claims arising from the operation of the Equipment by Company personnel whilst on site. The Hirer shall not permit any other person to operate the Equipment without the prior written consent of the Company.
9. BREAKDOWN AND REPAIRS
Any breakdown or unsatisfactory operation of the Equipment must be reported to the Company immediately by telephone and confirmed in writing. Claims for breakdown time will only be considered from the point at which written notification is received and acknowledged by the Company.
The Hirer shall not carry out repairs, modifications, or alterations to the Equipment without prior written permission from the Company. The Hirer shall be responsible for all costs arising from breakdown caused by their own negligence, misuse, or misdirection of the Equipment.
10. LIABILITY
The Company shall not be liable for any loss of profit, loss of use, loss of production, loss of contracts with third parties, or any indirect or consequential loss arising from the hire of Equipment, whether arising from breach of contract, negligence, or otherwise.
Nothing in these conditions limits the Company’s liability for death or personal injury caused by its negligence, or for any other liability that cannot be excluded by law.
11. HIRER’S LIABILITY FOR LOSS AND DAMAGE
The Hirer shall be liable for all loss of or damage to the Equipment during the Hire Period, howsoever caused, and shall fully indemnify the Company in respect of all claims arising from injury to persons or damage to property caused by or connected with the use of the Equipment during the Hire Period.
In the event of loss of or damage to the Equipment, hire charges shall continue at the idle time rate until settlement has been agreed and paid.
12. ACCIDENTS
The Hirer must notify the Company immediately by telephone of any accident involving the Equipment resulting in injury to persons or damage to property, and confirm such notification in writing within 24 hours. No admission of liability or offer of payment shall be made by the Hirer without the prior written consent of the Company.
13. SUB-HIRE AND RELOCATION
The Equipment shall not be sub-hired, lent, or transferred to any third party without the prior written consent of the Company. The Equipment shall not be moved from the site to which it was delivered without the prior written consent of the Company.
14. BASIS OF CHARGING
The Hirer shall provide the Company with an accurate record of hours worked for each Working Week. Where an operator or driver is supplied by the Company, the Hirer shall sign the operator’s time record sheets. Signed time records shall be binding on the Hirer.
The minimum hire period is four hours. Hire charges are based on the rates set out in the Company’s quotation. The Hirer shall pay the Company’s invoices within 30 days of the invoice date unless otherwise agreed in writing. Any query with an invoice must be raised in writing within 14 calendar days of receipt.
15. IDLE TIME
When the Equipment is prevented from working for a complete Working Week through no fault of the Company, hire charges shall be charged at two thirds of the standard hire rate for the period during which the Equipment is not in use. Any Working Day on which the Equipment works for any period shall be charged at the full working rate.
16. FUEL AND CONSUMABLES
Unless otherwise agreed, fuel, oil, and power required for the operation of the Equipment shall be supplied by the Hirer and shall be of the grade and type specified by the Company. The Hirer shall be solely responsible for all damage and costs arising from the use of incorrect or contaminated fuel. The cost of re-sharpening or replacement of any ancillary items including brushes, blades, or other wear parts shall be borne by the Hirer.
17. TERMINATION
Either party may terminate the Contract by giving seven working days’ written notice to the other. The Hirer’s liability under clause 11 shall continue until the Equipment is safely returned to the Company. The Company may terminate the Contract immediately in writing in the event of non-payment, breach of these conditions, insolvency of the Hirer, or any act which prejudices the Company’s rights in the Equipment.
If the Hirer cancels the Contract after the Hire Period has commenced, the Company reserves the right to charge the balance of the Contract value.
18. LATE PAYMENT
The Company reserves the right to charge interest on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
19. TRANSPORT
The Hirer shall pay the cost of transporting the Equipment from the Company’s depot to the site and its return on completion of the Hire Period, unless otherwise agreed in writing.
20. COMPLIANCE WITH LEGISLATION
The Hirer shall be responsible for compliance with all relevant legislation and regulations applicable to the use of the Equipment on site, including but not limited to health and safety legislation, environmental regulations, road traffic legislation, and GDPR.
21. GOVERNING LAW AND DISPUTES
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
22. SEVERABILITY
If any provision of these terms and conditions is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity of the remaining provisions.
These terms and conditions were last updated June 2026.
Fay Sweepers Ltd is registered in England and Wales.
