Terms & Conditions
These Terms and Conditions are the standard terms of hire from PMG Services (Bristol) Ltd, Acompany
registered ni England and Wales under company number 04775580 whose registered office is Woodlands
Grange Woodlands Lane, Bradley Stoke, Bristol, BS32 4JY.
.1 DEFINITIONS
1.1. nI these Terms and Conditions (Hire Agreement) the following definitions apply:
Terms &Conditions of Hire
“Operator”
“Outstanding Balance”
‘Plant and Equipment’
“Hire Charge”
‘Parties’
‘Period of Hire’
“Quote”
“Site”
“Us/We/Our”
“Waiver Fee”
“Writing”
“You/Your”
2.
THE AGREEMENT
means the operator provided by PMG Services (Bristol) Ltd and PMG
Environmental Ltd to you with the Plant and Equipment to operate the Plant
and Equipment.
means al amounts payable under this Agreement less the amount paid.
means the plant and equipment hired ot you by us, including any
substitutions, replacements and additions made ni accordance with the terms
of this Agreement and any manuals, accessories or other items supplied with
the Plant and Equipment.
means al the charges, operator costs, Waiver Fee and other fees (as
applicable) charged to you by us in respect of the hire of the Plant and
Equipment.
means You and Us, and ‘Party’ shall mean either one of us
Is the period between the delivery and the return of the Equipment, as
means our letter or other communication to You setting out the details of the
Equipment to be hired, the hire period and the Hire Charges and other
particulars
means the location where the Plant, Equipment and Operator is intended to
be used.
means the owner of the Plant and Equipment, PMG Services (Bristol) Ltd
and PMG Environmental Ltd, its successors, its employees and agents, and
any business or other person to whom the owner transfers (by absolute
assignment, by way of novation or by way of security) any or al of its rights
or its rights and responsibilities (whether legal or equitable) under the
Agreement.
means the fee to be paid by you ni accordance with clause 8.2, fi applicable.
includes electronic mail, facsimile transmission, and comparable means of
communication.
means the hirer (or hirers) of the Plant, Equipment and Operator.
2.1. Any quotation given by us shall not constitute an offer and si only valid for a period of 30 days from its
date of issue
2.2. These terms &conditions and any quotation provide by us constitute the entire contract between you
and us.
2.3. An agreement between the parties wil not be formed (start date) until we have confirmed your
booking and receipt of any advance payment requested.
2.4. Any illustrations, descriptions, imagery either displayed on our website, ni marketing materials (both
offline and online), price lists or other are intended merely ot present a general idea of works and
services provided by us. No part of these shall form part of any contract.
2.5. These terms &conditions apply ot the contract ot the exclusion of any other terms that you seek ot
impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6. No addition, alteration, substitution or waiver of these terms and conditions wil be valid unless
expressly accepted ni writing by us or a person authorised to sign on our behalf.
3. NON-BUSINESS HIRE
3.1. The plant, equipment and operator is hired to you on the basis that ti is used only for private or non-
commercial use. You must not use the plant and equipment for commercial purposes unless a
specific sub-contract agreement is in place.
4.
HIRE PERIODS
4.1. Al plant and equipment must be made available for collection at or before the time agreed. For each
day or part day ti remains outstanding you wil be charged the daily hire rate for each outstanding
item, or the total of consequential losses attributable to its late return.
4.2. Should any extension ot the hire be required you must apply ot us before the end of the agree period
of hire for such an extension. We are not obliged to extend the hire period.
4.3. Al equipment remains our property throughout the hire period and we reserve the right to inspect the
equipment at any time during the hire period that we deem appropriate.
4.4. We are entitled to remove any equipment which we believe is ni danger of causing injury ot any
person(s) or may become damaged due to misuse.
5.
MINIMUM HIRE
5.1. Minimum 4hrs outside of Bristol City including travel (unless otherwise quoted)
5.2. Minimum charge for sweeper waste is 1T
6.
5.3. Minimum charge for tanker waste is 4.5T
DELIVERY AND COLLECTION
6.1. Unless agreed otherwise, we wil deliver the Plant and Equipment ot the Site and collect ti from the
Site under the care of our Operator. The cost of delivery and collection wil be notified ot you prior ot
the period of hire.
6.2. We wil give you an estimated time for the arrival of the Plant and Equipment on Site. We wil make
best endeavours to arrive promptly, but we cannot guarantee the arrival time. You should let us know
ni writing fi there is a particular reason why timing is important.
6.3. Travel time is determined from the PMG Operating Depot.
7. PAYMENT
7.1. The Plant and Equipment wil ordinarily be hired by the hour. Arrangements can be made for day, for
the weekend, by the working week, by the week or by the month, by previous arrangement. The
typical hire times wil be between 0600 and 1800 Monday to Friday. Times outside of this can be
arranged but may be subject ot premium hire rate, which wil be communicated to you at the time of
7.2. The Hire Charges wil be charged and based on the length of time for which you require the Plant and
Equipment and the Operator. fI you agreed ot take the Plant and Equipment for a minimum or a fixed
period, you must pay the Hire Charges applicable for the whole of the minimum or the fixed period.
7.3. Al hire charges are quoted exclusive of Value Added Tax (VAT) unless specified. VAT wil be
charged at the prevailing rate. Our VAT number is 811 0327 85
7.4. Our rates wil be revised regularly, and we wil notify customers of any changes. Continued use of our
service following any notification of price changes wil be deemed acceptance of the updated prices.
7.5. You do not continue ot pay Hire Charges during stoppages which we could have avoided (such as
breakdowns in the Plant and Equipment).
7.6. Stoppages which are not due to a fault on our part, or on the part of our operator, wil be charged for
(e.g. stoppages caused by inclement weather, unforeseen problems with the Site or access,
punctures or usual running maintenance such as re-fuelling, re-filling water tanks, waste disposal or
re-fitting accessories).
7.7. During the period of hire, you wil be asked ot sign a time sheet confirming that ti si an accurate
record of the Operator’s chargeable hours. You should check the time sheet carefully and only sign ti
fi you agree with the information set out.
7.8. The Timesheet wil also fulfil your duty of care requirement for the removal of waste fi applicable. You
should check the time sheet carefully and only sign ti fi you agree with the information set out.
7.9. Hire charges are due at the beginning and/or at the end of the hire. We wil let you know when you
must pay the Hire Charges at the time you hire the Plant, Equipment and Operator.
7.10. We may ask you for payment of al or part of the Hire Charges ni advance.
7.11. fI you have been granted an account with us (subject ot a credit check) you wil pay the Hire
Charges ni ful and upon the due dates which is thirty (30) days from end of the month, and time of
payment is of the essence. Invoices wil be sent weekly.
7.12. We accept payment by BACS, company cheque or credit card.
7.13. Disputed invoices must be queried ni writing within ten (10) days of date of invoice to
info@pmgservices.co.uk. Until a dispute is resolved you remain liable to pay the undisputed part of
an invoice within the original timescale detailed on it.
7.14. We wil send invoices via email to an address of your choosing, additional copies wil be charged at
£5 per page.
7.15. fI particular documentation or certification is required, this must be obtained prior to completion of
job. Lack of documentation of certification or accreditation which has not been specifically agreed ni
writing will not hold up payment
7.16. fI payment of the hire charge or any part thereof is not made by the due date, we may:
7.16.1. Cancel the contract or suspend any further provision of the equipment hire to you with
immediate effect.
7.16.2. Exercise our statutory right ot charge interest at 8% per annum above the Bank of England
base rate as per the Late Payment of Commercial Debts (Interest) Act 1998.
7.16.3. Apply a charge of £10 (to cover administrative expenses and not as a penalty) per reminder
for overdue payment submitted to you. We shall be entitled to submit such reminders on a
weekly basis once the fees have become overdue.
7.16.4. Seek to recover al costs reasonably incurred by us ni collecting payment of any overdue
invoices from you.
.8 LOSS, THEFT OF, OR DAMAGE TO THE PLANT AND EQUIPMENT
81. Suseiyed wausen your caer ben our eator inof present ro5, eatfogou olureot ensure
that the Site is safe, you wil be liable for the ful cost of repairing or replacing the Plant and
Equipment.
8.2. We may take out insurance to cover the risk to our Plant, Equipment and Operator ni respect of
events set out ni clause 8.1. fI we do so and you pay the Waiver Fee, we wil not pursue you for the
costs of repairing or replacing the Plant and Equipment but only ot the extent that such costs are
reimbursed to us by our insurers. You wil still be liable to us, however, to the extent that the insurers
do not reimburse us for the loss or damage. You must take reasonable care of the Plant and
Equipment whilst ti si ni your custody, even fi the Waiver Fee has been paid.
8.3. You wil not be liable to pay us for any damage caused to the Plant and Equipment arising from
defects in the Plant and Equipment which were not apparent when ti was hired to you or which occur
while the Plant and Machinery is being operated by our Operator, unless such damage arises as a
result of the Site being unsafe and/or your negligence.
8.4. You will not be liable for any loss or theft of the equipment resulting from a fault in the Plant and
Equipment’s security system which occurred before the Plant and Equipment was delivered to the
Site or occurs while the Plant and Machinery is being operated by our Operator, unless the fault in
the Plant and Equipment’s security system was caused by damage arising as a result of the Site
being unsafe and/or your negligence. You must notify us immediately either via the Operator, or, fi he
is not present, to us at our principal office address if you notice a fault with the Plant and Equipment’s
security system, including but not limited to faulty locks or other security devices. You must not repair
any faults without our prior written consent.
8.5. Where the Plant and Equipment, or any part of it, is lost, stolen, damaged or destroyed you must
notify us immediately either via the Operator, or, fi he is not present, to us at our principal office
address or email info@pmgservices.co.uk, as a matter of urgency, in order that we can notify our
insurers. fI the insurers refuse to pay us because of a delay in notification by you, you wil be liable to
us for what would have been recovered from the insurers if you had complied with this clause. You
must provide our insurers and us with all reasonable assistance when so requested.
8.6. You must notify the police immediately fi the Plant and Equipment, or any part of it, si stolen, or has
been criminally damaged.
9. DAMAGE TO SITE AND/OR ACCESS
9.1. You acknowledge that the Plant and Equipment you have chosen to hire may cause superficial
damage to the ground, particularly ni wet weather (for example, ruts may be created or paving stones
may be cracked). You further acknowledge that the Plant and Equipment may also cause damage to
underground services such as drains and sewers. Our driver and/or operator wil do their best to limit
any such damage, but we cannot be held responsible for any damage of this sort. You are
responsible for making good any damage caused to your property or adjoining land in obtaining
access.
9.2. If you are particularly concerned to avoid superficial damage to the ground you must let us know as
soon as possible. We may be able to provide extra protection, although there wil be an additional
cost in doing so, which we wil pass on to you.
10. SITE AND ACCESS
10.1. While we do not expect you to have any technical knowledge of the Plant and Equipment you are
hiring, ti is your obligation to inform us of any visible access or Site restrictions, which you think may
10.2. Prior ot tipping, the Operator wil carry out a visual inspection of the tip area and approach. fI the
tipping or immediate area si deemed unsafe, we wil advise you of the reason and remove the waste
to a licenced off-site disposal facility. Any associated charges wil be passed back.
10.3. We may carry out a Site inspection; fi we do, we wil check both the means of access and the
place(s) where you require the work to be carried out. It is your responsibility to undertake any Site
preparation that we ask (for example, removing any goods or materials that might hinder the job). We
shall not be responsible for lost work time if the Operator is unable to commence or continue work as
a result of your failure to complete Site preparation as requested by us.
10.4. You must immediately notify us of any change ni Site conditions prior to the hire which might affect
the safe use of the Plant and Equipment.
10.5. Whether or not we carry out an inspection, we may need to ask you for information about such
things as the location of cesspits, drains and sewers. You must make every effort to ensure that the
information you give us is accurate.
10.6. Where access is required over land you do not own, you undertake that you wil obtain consent from
the respective owners and to pay any charges they may make.
10.7. The Plant and Equipment must only be used at the agreed Site. If you want to use the Plant and
Equipment at any other place you must first get from us written confirmation that we allow you to do
you for any claim relating ot business expenses or losses, including but not limited ot claims for loss
of profit.
21.3. If a third party makes a claim against us in relation to any loss or damage caused by the Plant,
Equipment and Operator as a result of your breach of any term of this Agreement, you wil indemnify
us ni ful for all costs and/or losses suffered by us as result thereof including but not limited to
payment of compensation (including interest where applicable) to the third party, our reasonable
legal and other fees incurred as a result of any legal action resulting from the claim. You will not be
responsible for such a claim to the extent that the loss or damage results from our negligence or
breach of contract.
21.4. Subject to clause 21.6, our liability si limited as follows:
21.4.1. Our liability for loss, destruction or damage to goods or property (other than goods being lifted
by crane which is covered ni 21.4.2 below) is limited to a total of £5 million whether due to our
breach of contract or negligence; and,
21.4.2. If you are undertaking a lifting operation our liability for loss, destruction or damage ot the
goods being lifted is limited to a total that wil be determined by PMG Services whether due to
our breach of contract or negligence.
21.5. We are not able ot accept liability above these figures, notwithstanding that the Plant and Equipment
will be operated by our Operator.
21.6. fI you think that there is a possibility that goods or property could be damaged which have a value of
more than these limits, then you must notify us ni writing before the Plant and Equipment is delivered
to the Site. On receipt of such notification, we may choose to make additional coverage available and
this wil involve an increase in the Hire Charges.
21.7. You will not be able to claim more than the amounts set out in clause 21.4 if:
21.7.1. you do not notify us that the damage could exceed the above limits;
21.7.2. we choose not to have additional coverage made available;
21.7.3. you do not agree to meet the extra charge for additional coverage; or
21.7.4. the additional coverage fails for some reason that is not our fault. This wil be so, even where
we are at fault, except where your claim is for death or personal injury, as mentioned ni
paragraph 21.8 below.
21.8. The limits set out in paragraph 21.4 do not apply to claims for death or personal injury caused by our
negligence. There is no limit on the amount of our liability for such claims.
22. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
22.1. We shall not be liable to you nor be deemed to be ni breach of any of these conditions by reason of
any delay ni performing or failure to perform any obligation of these conditions due to any cause
which is beyond our reasonable control. This includes, but si not limited to: acts of god, explosions,
war or threat of war, terrorism, strikes, lockouts or other industrial disputes, difficulties ni obtaining
new plant, labour, fuel, spare parts or machinery, breakdown of plant or machinery, epidemic,
pandemic or any other acts, events or omission beyond our reasonable control.
23. DATA PROTECTION
England and Wales relating to the processing of personal data and the privacy of electronic
communications, as amended, replaced or updated from time to time.
23.2. Al personal information that we may collect (including, but not limited to, your name, postal address,
email address and telephone number) wil be collected, used and held ni accordance with the
provisions of data protection legislation as defined ni clause 23.1.
23.4. In certain circumstances, and with your consent, we may pass your personal information on to credit
reference agencies. These agencies are also bound by the data protection legislation as defined ni
clause 23.1 and should use and hold your personal information accordingly.
23.5. We wil not pass on your personal information to any other third parties for marketing purposes
without first obtaining your express consent.
23.6. We may take photographs for our own promotional use, they may appear on our social media sites
and website and by agreeing to these conditions you have given us permission ot do so, we wil own
and retain copyright of any image taken but wil happily share with you.
24. COMPLAINTS, COMMUNICATION AND CONTACT DETAILS
24.1. fI you wish ot contact us with questions, or ot make a complaint, please contact us by email at
info@pmgservices.co.uk
24.2. We politely request that al phone calls made to us are followed up with an email.
24.3. We strive ot provide an excellent service. fI you are not satisfied ni any way, please contact us as
soon as possible. We would appreciate every opportunity ot resolve any dispute amicably.
25. OTHER IMPORTANT TERMS
25.1. fI any provision of this Agreement is held to be unlawful, void or unenforceable then that provision
wil be deemed severable and wil not affect the validity and enforceability of the remaining
provisions, to the extent permitted by law.
25.2. No failure or delay by us ni exercising any of our rights under this contract means that we have
waived that right, and no waiver by us of a breach of any provision this contract means that we wil
waive any subsequent breach of the same or any other provision.
25.3. Notices from you to us should be sent ot us at our principal office address or emailed to
info@pmgservices.co.uk, Notices from us to you wil be sent to the address provided to us by you or
ot any other address which you have notified ot us ni writing. You wil notify us immediately ni writing
of any change to your address.
25.4. This Agreement incorporates al of the terms agreed between you and us. tI cannot be varied except
by a document signed by you and us on or after the date of this Agreement.
25.5. A party who is not a party to this Agreement shall have no right to enforce any term of this
Agreement under the Contracts (Rights of Third) Parties Act 1999.
25.6. fI any amount is payable to you by us under this Agreement, we may withhold from those monies an
amount equal to the total monies you owe us under this Agreement.
26. GOVERNING LAW AND JURISDICTION
26.1. This Contract shall be governed by and construed ni accordance with English Law and the parties
agree to submit to the exclusive jurisdiction of the courts of England &Wales.