General conditions for the hiring of plant from The Air Conditioning Company (Airconco (UK) LTD)
- The minimum hire period is 52 weeks. Either party can terminate this contract within the final fourteen days before the end of the minimum hire period. If not terminated during that time, it will automatically continue for a further 52-week period at the agreed rate. The contract will renew annually on the same basis unless cancelled with appropriate notice.
- Termination of hire can only be requested via our customer portal or by emailing offhire@airconco.com, quoting your contract number. You must retain proof of successful submission. Termination will only be accepted after the minimum hire period has elapsed and the units are ready for immediate collection.
- Payment is due immediately upon receipt of the invoice. Under the Late Payment of Commercial Debts (Interest) Act 1998, interest at 11.75% per annum will be charged on overdue balances, along with a £40 compensation charge.
- A 15% optional surcharge will be applied to all hire invoices to cover accidental damage on your premises. If you prefer to arrange your own cover, please email orders@airconco.com with your insurance provider and policy number. All prices shown are exclusive of VAT, which will be added at the point of invoice.
- Unless otherwise stated, all prices exclude VAT, which will be added at the point of invoice.
- The Air Conditioning Company reserves the right to cancel any order prior to delivery, even if payment or a deposit has been received. In such cases, any payment taken will be refunded in full. No further liability will be accepted for costs, inconvenience, or damages arising from cancellation.
- Failure by The Air Conditioning Company to raise or collect payment at the appropriate time, whether due to a technical issue or administrative oversight, does not waive or reduce the Hirer’s liability under this agreement. Hire charges will remain fully payable for the entire hire period, including any periods where payment was not collected automatically.
1. Definition and Law
(a) The items hired under this agreement are referred to as the Plant.
(b) Airconco (UK) Limited always remains the sole owner of the Plant.
(c) The laws of England govern this contract.
(d) A Working Day excludes Saturdays, Sundays, and all Bank or Public Holidays.
(e) The Signatory is the individual accepting this contract on behalf of the Hirer.
2. Basis of Charging
a) The Hirer agrees to pay the hire charges specified at the checkout. Charges begin on the hire start date and continue for the full term. The Hirer must return the Plant in a clean and serviceable condition. All time is chargeable, including weekends and public holidays.
(b) Charges are calculated weekly – the Plant is not hired by the day.
(c) A whole week's charge applies for every week or part thereof beyond the minimum hire period.
(d) Hire charges are typically billed weekly, at the end of hire, or at the Owner’s discretion.
3. Carriage Charges
Carriage is not included in hire charges. The Hirer will pay any costs incurred by the Owner in delivering, collecting, or attempting to collect the Plant. Where quoted, carriage charges include up to 30 minutes’ attendance. Additional time will be charged to the Hirer.
4. Return of Plant
(a) The Hirer must return the Plant as per clause 2(a) and 4(b).
(b) Collection/return, by the customer, must occur between 10am and 4pm on working days.
5. Extent of Contract
The contract starts when the Owner accepts the Hirer's instructions and ends once all obligations are fulfilled. These Terms and Conditions take precedence over any others.
6. Responsibilities of the Signatory
The Signatory confirms they are authorised to accept this contract on the Hirer’s behalf and indemnifies the Owner against all resulting losses or costs. The Signatory must read and understand the operating instructions, request them if not provided, and ensure no one uses the Plant without proper instruction or for improper purposes.
7. Responsibility of Hirer – Loading And Unloading
The Hirer is responsible for loading/unloading the Plant at the specified address and at the Owner’s premises (if transporting it themselves). Any assistance the Owner's staff provides is under the Hirer's control.
8. The Hirers’ Responsibility
Responsibility begins on delivery or receipt and ends once the Owner issues an unqualified receipt confirming return. The Hirer must not sell, transfer, or relinquish control of the Plant.
9. Hirers’ responsibility – third party
The Hirer will fully indemnify the Owner against any loss, claim, liability, or proceedings related to personal injury or property damage resulting from use or misuse of the Plant. This indemnity is reduced only where the Owner is proven negligent.
10. Electrical Equipment
If the Plant includes electrical components, it must be used with the correct plugs/sockets or be altered only by a competent person, who must also return it to original condition. All equipment must be earthed, unless double-insulated. The Hirer is responsible for compliance with the Electricity at Work Regulations 1989.
11. Maintenance of Plant and Breakdown Procedures
The Hirer must keep the Plant in a clean, safe, and serviceable condition and immediately report any issues. Repairs must only be carried out with the Owner’s consent. If repairs or inspections are required off-site, carriage costs may apply. The Owner must be notified of any accident involving damage or injury.
12. Removal of Plant
The Plant must not be moved from the original or authorised site without the Owner’s written consent.
13. Limits of Owners’ Liability
(a) The Owner is not liable for loss of profit, consequential losses, or delays due to delivery, unsuitability, repossession, or breakdown, except in consumer contracts where statutory rights apply under the Supply of Goods and Services Act 1982.
(b) Delivery and collection times are approximate.
(c) The Owner is not responsible for delays beyond their reasonable control.
14. Receipt of Plant in Good Order and Condition
By accepting delivery, the Hirer confirms the Plant is received in good order and condition.
15. Lost, Non-Returned, Damaged or Unclean Plant
If the Plant is lost or unrecoverable, hire charges continue until the Hirer pays the current selling price. The Hirer must pay for damage or cleaning, and charges continue until rectified. For total loss, full replacement cost must be paid.
16. Determination of Hire
If the Hirer breaches any terms, the Owner may terminate the contract immediately and repossess the Plant.
17. Rights of Access
The Hirer grants the Owner the right to access any premises to inspect, test, repair, replace, or repossess the Plant.
18. Separate Term Validity
If any clause is held invalid, the remaining terms remain fully enforceable.
19. Variation of Terms
These Terms can only be varied in writing. No employee, except a Director of Airconco (UK) Ltd, can amend them.
20. Delays Caused by the Hirer
If If the Hirer causes delays to delivery, collection, or scheduled servicing, the Owner reserves the right to charge for wasted attendance and any associated costs, including additional hire charges where applicable. In the event of a failed delivery, you will be charged for the return of the unit to our warehouse and a subsequent delivery charge to deliver it at a later time (this price will match the delivery fee you already paid in this agreement).
21. Access Requirements for Collection
The Hirer must ensure clear and safe access for delivery and collection. If access is obstructed or unsafe, the Owner may reschedule the visit and charge for any additional time, labour, or costs incurred as a result.
22. Photographic Evidence and Records
The Owner reserves the right to take photographic evidence of the Plant upon delivery, during the hire period, and at collection. These records may be used for internal documentation, maintenance logs, or to resolve disputes regarding the condition or presence of the Plant.
23. Sub-Hiring or Relocation
The Hirer must not sub-hire, lend, or relocate the Plant to any site other than the agreed location without prior written consent from the Owner.
24. Force Majeure
The Owner shall not be liable for any delay or failure to perform its obligations under this agreement due to circumstances beyond its reasonable control. This includes, but is not limited to, adverse weather conditions, strikes, power outages, transport disruption, or changes in government regulation.