PORTABLE TOILETS LTD

GENERAL CONDITIONS FOR HIRING GOODS & CONDITIONS OF SALE

1. DEFINITIONS

a) The “Owner” is the company, firm or person letting the Plant on hire and includes their successors, assigns or personal
representatives.
b) The “Hirer” is the company, firm, person, Corporation or public authority taking the Owner’s Plant on hire and includes their
successors or personal representatives.
c) “Plant” covers all classes of Plant, machinery, equipment and accessories thereto which the Owners agrees to hire to the
Hirer.
d) A “day” hire shall be 24 consecutive hours.
e) A “week” shall be 7 consecutive days.
f) A “Sunday” hire shall be from any hour not before 5.30pm on a
Saturday to 8.30am on the following Monday morning.

2. EXTENT OF CONTRACT

No conditions of warranty other than specifically set forth shall be implied or deemed to be incorporated to form part of the contract.
MAXIMUM PERIOD OF CONTRACT (if Hirer is not a Limited Company) If the Hirer is an individual or partnership (including an unincorporated body of persons) and not a Limited Company then the contract will terminate not later than 3 months from the commencing date in which circumstances the Hirer shall on the eve of the last day of the said 3 months return the Plant to the Owner.

3. TITLE

to the equipment shall remain for all purposes fully vested in the Owner, unless specifically expressed in this Agreement. The expression “equipment” shall be deemed to include all equipment supplied hereunder and any part or parts thereof and all replacements, revenues, concessions and additions supplied by the Owner.

4. AVAILABILITY OF PLANT

The Plant is offered subject to being available to the Owner at the time required by the Hirer.

5. LOADING AND UNLOADING

The Hirer shall be responsible for unloading and reloading the Plant at Site. Any driver or other employee of the Owner who may help in unloading or reloading shall be deemed to be under the Hirer’s control.

6. DELIVERY IN GOOD ORDER

The Hirer must satisfy him/herself that the Plant is in good working order and that the Plant is not damaged in any way before signing the Hire Contract Note.

7. EVENT HIRE AGREED PAYMENT TERMS

On confirmation of order a 50% deposit is required. The balance is then due 14 days prior to delivery.

8. EVENT CANCELLATION POLICY

• If an event is cancelled outside of 60 days of the commencement of the load in, any deposit already paid is refundable minus an admin fee of 2% of the total contract price;
• Within 40 days of the commencement of the event, 25% is payable;
• Once the load in has commenced, the minimum charge levied will be 50% of the total bill for the whole event, dependent on costs incurred up to this point;
• From the Monday of show week 100% of the bill is payable;

9. RENT AND OTHER PAYMENTS

a) The Hirer shall (except where agreed by the Owner) pay the deposit specified in the Schedule hereunto as security for safe
custody and proper use of the equipment.
b) On collection of the equipment by the Owner or return by the Hirer (as the case may be) the Hirer shall pay the Owner (without any deduction in respect of any deposit held) the total hire charge at the weekly rate specified in the Schedule hereto or proportionate part thereof.

10. RESPONSIBILITY OF HIRER

a) You will be responsible for the loading and unloading of the Equipment at the address specified by you. You will also be responsible for the loading and unloading of the Equipment at our premises when the Equipment is transported by you or your agent. If we supply any person to assist you, he/she will be under your control at such time.
b) Your responsibility for the equipment begins when you or your agent receive the Equipment if it is delivered to you, your responsibility begins on delivery. Your responsibilities include
safekeeping of the Equipment, and protection against the elements, theft, vandalism or improper use. You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment at the end of the hire. Your responsibility ends only when the Equipment has been returned or collected and you have our unqualified receipt for all of the Equipment.
c) You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever (other than the Equipment itself, which governed by conditions 13 and 14) arising out of the delivery, use, non use, repossession, collection or return of the Equipment or any part of it. The indemnity will be reduced in
proportion to the extent that such expense, liability, financial loss, claim or proceedings or death or personal injury or damage to or loss property is due to our proven negligence.
d) Unless expressly agreed in writing, the Owner is not responsible for the upkeep/cosmetic cleanliness and restocking of any equipment on hire;
e) The Owner will not accept any liability for any claim in any way caused by or resulting from Coronavirus COVID 19.
f) The Hirer shall return the Plant to the Owner at the time and date shown on the contract unless an extension of the hire has been agreed to by the Owner, prior to that time and date.
g) In case of a malfunction, the owner reserves the right to charge a call out fee in order to investigate the fault. If the fault is due to failure of the equipment through misuse (defined as anything at all being thrown into the equipment other than water and natural waste, or paper in such large quantities so as to cause a blockage) then the charge will be upheld. If the fault is a technical failure of the kit, then no charge will be levied.
h) This cause is equally relevant to liability at events where we are onsite; no responsibility shall be accepted for failure of any equipment through use that is not deemed as normal.

11. BREAKDOWN

a) Any breakdown or the unsatisfactory working of any part or the Plant must be
immediately notified to the owner.
b) Full allowance will be made to the Hirer for any stoppage due to breakdown of Plant caused by the development of an inherent fault or fair wear and tear for all stoppages for normal repairs in accordance with the terms of the contract. The Hirer shall be responsible for all expenses involved arising from any breakdown and loss or damage incurred by the Owner due to the Hirers negligence, misdirection or misuse of the Plant, whether by the Hirer or by his/her servants and for the payment of the hire charges during the period the Plant is necessarily idle due to such breakdown.
c) Under no circumstances shall the Hirer repair or attempt to repair the Plant unless authorised in writing by the Owner. No allowance for hire charges or for the cost of repairs will be made by the Owner to the Hirer unless such repairs have been authorised in writing by the Owner.

12. OTHER STOPPAGES

No claims will be submitted other than those allowed for under Breakdown, as herein provided, for stoppages through causes outside the Owner’s control, including bad weather or ground conditions.

13. CONSEQUENTIAL LOSSES

The Owner accepts no liability nor responsibility for any consequential loss or damage due to or arising from the breakdown or stoppage of the Plant through any cause whatsoever, or through non-arrival arising from accident or breakdown during loading, unloading or transport of the Plant or from any other beyond the Owner’s control.

14. HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE

During the continuance of the hire period the Hirer shall make good to the Owner all loss of or damage to the Plant from whatever cause the same may arise, fair wear and tear expected and except as provided in clause 10 herein and shall also fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the use of Plant and in respect of all costs in connection therewith under statute or common law.

15. DEFAULT BY THE HIRER

If the Hirer shall at any time:
a) Commit any breach of this agreement
b) Cause the equipment to be secured under execution or any other legal process
c) Go into liquidation or enter into any composition or arrangement with its creditors or have a receiver or manager appointed in respect of any of its assets or undertaking
d) Default in payment

then the Owner shall have the right to:
I. Terminate the Agreement forthwith
II. Reposes the equipment without notice or demand without being liable to the Hirer for any loss or damage whatsoever which may be occasioned thereby
III. Sue for and recover all rentals and interest thereon accrued due, and recover damages in respect of any loss sustained by the Owner as a result of the termination of this agreement

All remedies of the Owner whether provided by this Agreement or covered by Statute, Common Law or trade usage are cumulative and not alternative and may be enforced successively or concurrently.

16. THE OWNER RESERVES THE RIGHT

to retain the Hirer’s deposit should the Hirer commit any breach of this Agreement.

17. CARRIAGE

Hire rates do not include carriage and any expense incurred by the Owner in delivering or recovering Plant will be charged to the Hirer. Not less than 12 hour’s notice must be given to the Owner if the Hirer wishes Plant to be collected.

18. CHARGES FOR LOST PLANT

Plant not returned will be charged for at the manufacturer’s current published list prices. Hire fees continue up to the time the Owner is able to replace the lost Plant.

19. PURCHASING GOODS

If you buy goods from us, you will become responsible for loss or damage as soon as the goods are delivered to you. We own the goods until you have paid in full for all the goods we have supplied. Until we have received full payment for the goods you will hold the goods on our behalf and you must return them to us if we ask you to. We may enter any land or premises of yours, other than your home, to recover the goods.

PORTABLE TOILETS LTD

COVID PROCEDURES POLICY

1. PLANNING

As an Employer we are / have:

• Consulting with our Health and Safety Consultant, HR and any representatives chosen by unions or workers if requested.
• Uploaded our Covid-19 assessment onto our website.
• Communicating all Risk Assessments to workers
• Consulting with all workers on all issues covering Covid-19
• Updated and reviewed our Covid-19 Risk Assessment to cover all Covid-19 risks.
• We have posted signs around the workplace informing and reminding everyone of the symptoms of Covid-19 and any Official Government advice.
• All higher risk workers are protected
• Reviewed all sick leave policies
• Implemented rapid testing before the visit to client event/construction sites when requested.
• Implemented Lateral flow tests to be taken 3 x days a week for staff.
• We strongly encourage all staff to receive all vaccinations and boosters.

2. SOCIAL DISTANCING

We have implemented homeworking where possible for all office staff.
Where home working has not been a possibility, we have provided the following rules for essential working:

• 2-metre minimum distancing for all workers where possible
• Workers are organised to have staggered breaks
• Face to face Meetings have been taken place with masks and 2-metre guidance.
• Canteen cooking areas are available but only 2 workers eating at the same time and are encouraged to bring in pre-made food.
• Floor marking are installed where possible
• Anti-bacterial wipes have been supplied for staff to clean desks on a daily basis.

3. MOVEMENT & CIRCULATION

• One-way system has been implemented around the workplace
• Signs and posters are located around the workplace
• Distance markers are used
• Non-essential movement around the workplace is discouraged
• Social distancing is still encouraged at all times especially in shared areas.
• Dividers on desks have been implemented.
• Masks are to be worn when walking in communal areas.
• Ventilation is implemented with windows opened when needed.
• Lateral flow test is to be taken 3 x days a week for all staff before their shift starts.

4. HYGIENE & SAFETY

We have:

• Supplied adequate hand washing facilities that includes soap and hand towels.
• Limited the need to touch items
• Provided clear guidance on hand washing and social distancing
• Implemented procedures for cleaning items that are shared
• Thoroughly clean and disinfect all rooms
• Provided clear guidance for use and cleaning for toilets to ensure social distancing is followed
• We have implemented cleaning schedules to ensure all areas are subject to regular cleaning
• Appropriate PPE has been provided to all employees and they are asked to wear this at all times if required.

5. COMMUNICATION

• We have engaged with employees to understand impacts of implemented measures
• Communicated messages regarding risks and the measures being implemented
• Remained highly aware of employee’s mental health and provided support where needed
• Communicated any changes to our Covid policy and risk assessment to all of the staff.

6. TRAVEL, VISITORS & CUSTOMERS

We have:

• Postponed meetings with clients/customers unless absolutely necessary.
• Ensured that employees do not vehicle share
• Any visitors that do enter the site are made aware of social distancing and procedures. Items are not shared with visitors e.g. pens
• Records of visitors are kept along with details
• Visitors are invited during a limited time frame
• Zoom meetings are implemented as much as we can.

To ensure the absolute safety of our employees when working at either Event or construction sites and requested to do so we are implementing the use of rapid testing prior to each event site visit. Any employees with a positive test will be asked to return home safely and immediately and self-isolate for the appropriate amount of time required.

7. COVID-19 COMPLIANCY

We have taken the steps to be compliant with Government Guidelines

• We have cleaning, handwashing and hygiene procedures in line with current Government Guidance
• We have taken ALL reasonable steps and are monitoring this daily to see if we can help staff work from home where possible, but due to GDPR/data protection, supervision and paperwork needed we are unable to accommodate staff working from home at this time.
• We have taken all reasonable steps to maintain 2m social distancing
• We have carried out a Covid-19 Risk Assessment and have communicated the results with the employees
• Where 2m cannot be achieved, we have implemented further measures to manage transmission risk, with dividers put on desks and mask to be worn when walking around communal areas.
• We are strongly advising all staff to receive all vaccinations and boosters.
• We are implementing Lateral flow tests to be completed 3 x days a week before the start of your shift and when requested at any construction or event site. All results need to be logged with your manager and government website.
• Implemented staggered breaks and only 2 staff members eating in the canteen at the same time.
• Implemented that all vehicles are to be cleaned daily and thoroughly cleaned when or if needed to swop vehicles/forklift drivers for any reason.
• We are not advising any staff to share lifts with in work or to and from work.
• As well as being available for all staff to speak with about any concerns regarding the above, there is also external companies available free of charge to help with any mental health concerns. Mind Cymru and Mental health matters Wales. If you need any information, please just let us know.