Hire Terms & Conditions
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  1. Definitions

    1. In this Contract and these Conditions, the following expressions shall have the following meanings:

      “Building” means the modular building specified in the Commercial Schedule and the Specification and any other equipment, installations, and other tangible property which LCS Container Services has agreed to hire to the Hirer in accordance with this Contract.

      “Collection Charges” means the charges payable by the Hirer to LCS Container Services in respect of the collection of the Building at the expiry or termination of the Contract Term (howsoever arising) including (without limitation) the cost of dismantling, loading and unloading, site survey and any other charges incurred or sustained by LCS Container Services in relation to the collection or recovery of the Building such charges will be payable at LCS Container Services’ current rates at the time of collection.

      “Commencement Date” means the date of commencement of the Contract Term in accordance with the Commercial Schedule, subject to variation in accordance with the Conditions, where any variation to estimated Installation date arises.

      “Commercial Schedule” means the schedule setting out the principal commercial terms of this Contract to which these Conditions are annexed.

      “Contract” means this contract between LCS Container Services and the Hirer for the Installation and hire of the Building, comprising the Commercial Schedule, the Conditions, the Specification and any other documentation expressly stated in the Commercial Schedule to form part of this Contract but excluding any other terms and conditions.

      “Contract Term” means the term of hire of the Building, being the initial period of hire specified in the Commercial Schedule and any subsequent period during which LCS Container Services continues to hire the Building to the Hirer (if any).

      “Deposit" means any deposit specified in the Commercial Schedule payable on the date of this Contract in respect of the Installation of the Building.

      “Hire Charges” means the monthly hire payments due in advance from the Hirer to LCS Container Services in respect of the hire of the Building, being those payments specified in the Commercial Schedule.

      “Hirer” means the company, firm, person, corporation or public authority which is hiring the Building from LCS Container Services specified in the Commercial Schedule and includes their successors or personal representatives.

      “Installation” means installation of the Building at the Site.

      “Insured Risks” means those risks in relation to the Building in respect of which LCS Container Services has obtained insurance in respect of loss or damage.

      “LCS Container Services” means J.T. Leavesley (Alrewas) Limited (company number: 00931247) whose registered office is at Ryknield House, Alrewas, Burton On Trent, Staffordshire, DE13 7AB, operating through the LCS Container Services Division.

      “Site” means the site to which the Building is delivered (or to be delivered) on the Hirer’s instructions, being the site specified in the Commercial Schedule.

      “Specification” means the specification of the Building (including drawings, plans, technical and commercial information) comprising Schedule 2 of this Contract.

  2. Agreement for Hire

    1. LCS Container Services and the Hirer agree that LCS Container Services shall hire the Building to the Hirer in accordance with this Contract.

    2. The legal and beneficial ownership of the Container shall at all times remain exclusively with LCS Container Services and the Hirer shall not acquire any rights of ownership therein.

  3. Contract Term

    1. The Initial Contract Term shall commence on the Commencement Date and shall continue until the expiry of the Contract Term, subject to termination in accordance with these Conditions.

  4. Deposit

    1. Any Deposit specified in the Commercial Schedule is due for payment in cleared funds on the date of this Contract in full without deduction or set off. LCS Container Services shall not be liable to install the Building until such Deposit has been received from the Hirer.

  5. Hire

    1. The Hirer agrees to pay the Hire Charges in accordance with this Contract, which shall be paid by direct credit transfer to such bank account as LCS Container Services may nominate in writing to the Hirer. Hire Charges are payable monthly in advance and time of payment of the Hire Charges is of the essence of this Contract.

    2. LCS Container Services reserves the right to increase the Hire Charges if at any time prior to Installation the cost to LCS Container Services of hiring the Building to the Hirer increases. In such circumstances, LCS Container Services may give the Hirer not less than 14 days written notice of any such increase and the Hire Charges shall thereafter be at such higher rate for the remainder of the Contract Term.

    3. If payment is not made when due LCS Container Services shall be entitled to charge interest on the overdue amount at four per cent above the prevailing base rate at HSBC Bank Plc calculated on a daily basis (‘the Default Rate’). The Hirer shall also be liable to pay any charges incurred by LCS Container Services in the recovery of the overdue amount or the Building. These remedies shall be without prejudice to any other rights

    4. All Hire Charges and any Installation Charges must be paid on the due date for payment without deduction or set off for any reason whatsoever.

    5. Where Installation is completed during the course of a calendar month, LCS Container Services may invoice Hire Charges for the part of the month from Installation until the end of the calendar month, with subsequent Hire Charges becoming payable and liable for invoice from the start of the next calendar month.

  6. Specification

    1. Signature of this Contract by the Hirer constitutes complete approval of the Specification for all purposes of the Contract. It shall be the Hirer’s responsibility to ensure that the Specification meets the Hirer’s requirements in relation to the Installation and hire of the Building.

    2. LCS Container Services reserves the right to make any changes in the Specification of the Building which are required to conform to any applicable statutory, legislative or other requirements relevant to the hire of the Building or, where the Building is supplied to the standard specification of LCS Container Services, which do not materially affect their quality or performance.

    3. Specifications drawings data literature and statements as to dimensions suitability performance or otherwise issued by LCS Container Services in connection with the Building are offered in good faith but are intended to be approximate only and the Building is supplied subject to no conditions nor shall it carry any guarantee or warranty as to dimensions quality fitness performance or suitability.

  7. Delivery and Installation of the Building

    1. Any time for delivery or Installation indicated in the Commercial Schedule or the Specification is an estimate only and is not guaranteed. The Hirer hereby acknowledges that time of delivery or Installation shall not be of the essence of this Contract. The Hirer shall have no right to damages or to cancel this Contract for failure for any cause to meet any delivery or Installation time stated. The date of delivery and installation shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals and delivery details from the Hirer in writing, and to completion of the final Site survey to the satisfaction of LCS Container Services. Any (i) alterations by the Hirer in relation to the Specification or (ii) failure by the Hirer to comply with any obligations on its part to facilitate delivery of the Building may result in delay in delivery and Installation and may result in additional Installation Charges.

    2. The Hirer shall unless otherwise stated in the Specification and at its own expense provide suitable foundations for the Building, such foundations to conform to the Specification or any subsequent notification or instruction provided by LCS Container Services to the Hirer in relation to the requirements for foundations.

    3. The Hirer shall provide adequate and unrestricted access to the Site for delivery, unloading, reloading and recovery of the Building.

    4. Prior to the estimated Installation date, LCS Container Services shall undertake a Site survey to ensure that the Hirer has complied with its obligations as regards foundations and any other preparations for Installation contained in the Specification or otherwise notified in writing to the Hirer. If in the opinion of LCS Container Services the Site is not ready for Installation, LCS Container Services may notify the Hirer to that effect and the parties shall co-operate in good faith thereafter with a view to rearranging Installation upon such alternative date as may reasonably be achievable. In such circumstances, the Hirer shall be liable to pay LCS Container Services such sums by way of additional installation charges as LCS Container Services certifies is due by virtue of any change to the original anticipated Installation date.

    5. The Specification assumes that the Site is capable of accepting large vehicles and heavy mobile cranes, and any consequential loss or damage arising from use of the said vehicles and/or cranes will not be the responsibility of LCS Container Services. LCS Container Services cannot be held responsible for any underground structures, cables, drains etc not clearly disclosed and or identified by the Hirer and expressly referred to in the Specification. The Hirer is completely responsible for ensuring safe access and egress and suitable ground conditions, to comply with all aspects of safe working practices.

    6. The Hirer shall pay all costs (at LCS Container Services’ rates current from time to time) relating to the loading, transporting and unloading of the Building upon delivery and collection of the Building to/from the Hirer’s Site.

    7. Unless expressly stated in the Specification, LCS Container Services is not responsible for providing “Trackway” or similar ancillary products (such as crane support pads) and or the making good of any existing external surface or paving damaged by the delivery vehicles or cranes, and also excludes any damages to services.

    8. Any assumption made as regards craneage requirements contained in the Specification is always subject to a final site survey. Where any variation in the provision of craneage arises (whether as a result of weather conditions, safety considerations or any other factor) then any additional costs incurred by LCS Container Services, will be chargeable to the Hirer by way of additional Installation Charges, which shall be payable within 30 days of receipt of LCS Container Services’ invoice therefor, in addition to the Deposit and the Hire Charges.

    9. Foundations, all forms of external paving, external plinths, access ramps, steps and fire escape facilities are excluded from the Installation Charges contained in the Specification unless expressly stated in the Specification to be included. LCS Container Services cannot be responsible for abnormal ground conditions: any additional foundation work required due to abnormal conditions or Building Inspector requirements will be chargeable to the Hirer.

    10. Unless expressly stated otherwise in the Specification, LCS Container Services is not liable for either the cost or responsibility for arranging utility connections to the Building (including without limitation any of gas, electricity, water, drainage, telephone lines or information technology systems and it shall be the Hirer’s responsibility to ensure that all such utilities, connections and services are available for connection to the Building at its estimated or rearranged date for Installation. In this regard, the Hirer shall also be responsible for ensuring that its commercial requirements as regards utilities (including, for example, gas or water pressure or the carriage capability of telephone or IT connections) are sufficient to meet its requirements. If so specified in the Specification, LCS Container Services may accept responsibility for internal connections within the Building of utilities and other connections.

    11. The adequacy and existence of all external services are the Hirer’s responsibility. In particular, water pressure is an unknown factor to LCS Container Services as is gas pressure and electric loadings, therefore any costs arising which are due to any third party supplier or provider are the responsibility of the Hirer.

    12. The Hirer authorises LCS Container Services to accept the signature on delivery and collection of the Building of any person reasonably holding themselves out to be the Hirer’s representative whether such person be authorised or not.

    13. LCS Container Services will endeavour to comply with reasonable requests by the Hirer for postponement of delivery or Installation but shall be under no obligation to do so. Where delivery or Installation is postponed otherwise than due to default by LCS Container Services:

      1. the Hirer shall be liable for any additional delivery charges or Installation Charges arising by virtue of delay or postponement;

      2. the Contract Term shall be deemed to have commenced on the Commencement Date specified in the Commercial Schedule and the Hirer shall become liable for any Hire Charges payable in accordance with these Conditions with effect from that Commencement Date (notwithstanding the delay in Installation); and

      3. LCS Container Services shall be entitled to terminate this Contract upon giving the Hirer five working days’ notice in writing of its intention to do so.

    14. LCS Container Services shall accept no liability for any delay, cost or other liability arising as a result of any default on the part of either the Hirer or any subcontractor engaged by the Hirer for the purposes of Installation (or subsequent maintenance of the Building).

  8. Installation Charges

    1. The Hirer shall be liable to pay the Installation Charges specified in the Commercial Schedule by the due date specified in the Commercial Schedule and any other sum due by way of Installation Charge under these Conditions within 30 days of the date of LCS Container Services’ invoice therefor.

  9. Planning Permission and Buildings Regulation Approval

    1. The Hirer has the overall responsibility for procuring planning permission and buildings regulations approval. If the Hirer instructs LCS Container Services to proceed to installation of the Building without all requisite planning permissions and building regulations approval having been obtained, then such Installation is entirely at the Hirer’s risk and without liability on the part of LCS Container Services.

    2. Where LCS Container Services acts as the Hirer’s agent to procure planning permission or building regulations approval, the costs of the application are due and payable in advance to LCS Container Services.

  10. Service Connections

    1. If LCS Container Services has agreed within the Specification to assist with the application for new or increased services in respect of electricity, water, gas, mains drainage LPG or oil services, the responsibility for the timing of the Installation is beyond the control of LCS Container Services and LCS Container Services accepts no responsibility for any delays in relation to the application or connection of such services. Whilst LCS Container Services will provide reasonable cooperation to mitigate such a delay, LCS Container Services shall be entitled to invoice the Hirer for any work undertaken in this regard by way of additional Installation Charges.

  11. Insurance

    1. LCS Container Services shall maintain in force during the Contract Term insurance in respect of the Insured Risks.

    2. In the event that during the Contract Term the Building shall become a total loss or a constructive total loss (whether as a result of its being lost destroyed damaged beyond repair confiscated or otherwise) (‘the Destroyed Building’) the Hire thereof hereunder shall cease. In that event LCS Container Services may apply any insurance proceeds received by it at its discretion:

      1. towards a replacement building of equivalent size and value to the Building which replacement shall be deemed included in this Agreement for all purposes of the Hirer shall continue to be liable to pay Hire Charges in accordance with this Agreement as if such loss has not taken place, in which event the Hirer and LCS Container Services shall cooperate in the re-delivery and installation of any replacement Building in accordance with the procedure implemented for delivery and installation of the original Building in accordance with these Conditions; or

      2. towards payment to LCS Container Services of:

        • all payments of Hire Charges and all other monies then due or in arrears under this Agreement in respect of or attributable to the Destroyed Building together with interest thereon at the Default Rate; and

        • all other sums and amounts due hereunder in respect of the Destroyed Building in question including a sum equal to that payable in respect of the termination of Hire of the Destroyed Building.

    3. The Hirer shall remain liable to pay LCS Container Services any shortfall. Until such sums and any shortfall as aforesaid are paid the obligations of the Hirer under this Agreement (including those to pay Hire Charges in respect of the Destroyed Building) shall continue.

  12. Limitation of Liability

    1. This clause sets out the entire financial liability of LCS Container Services (including any liability for the acts or omissions of its respective employees, agents and subcontractors) to each other in respect of:

      • any breach of this agreement;

      • any use made or occupation of the Building by the Hirer; and

      • any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.

    2. Nothing in this agreement shall limit or exclude the liability of either party for:

      • death or personal injury resulting from negligence; or

      • fraud or fraudulent misrepresentation; or

      • breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

      • breach of section 2 of the Consumer Protection Act 1987; or

      • the deliberate default or wilful misconduct of that party, its employees, agents or subcontractors.

    3. Without prejudice to clause 12.2, LCS Container Services shall not be liable to the Hirer, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:

      • loss of profit; or

      • loss of goodwill; or

      • loss of business; or

      • loss of business opportunity; or

      • loss of anticipated saving; or

      • loss or corruption of data or information; or

      • special, indirect or consequential damage or loss suffered by the Hirer that arises under or in connection with this agreement.

    4. Without prejudice to clause 12.2 or clause 12.3, LCS Container Services’ total liability arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to an amount equal to one year’s Hire Charges.

  13. Termination

    1. If the Hirer

      1. shall fail to pay any Deposit or any Hire Charges or other sums due and payable under this Contract in full by the due date; or

      2. being a Company

        • has a petition presented for its winding up

        • passes a resolution for voluntary winding up (other than for the purposes of a bona fide amalgamation or reconstruction) or

        • enters into a voluntary arrangement with its creditors or

        • becomes subject to an administration order or

        • has a receiver appointed of all or any of its assets; or

      3. being an individual or firm:

        • becomes bankrupt or insolvent

        • enters into voluntary arrangements with his creditors; or

      4. commits a serious breach of this Contract (and in case of such breach being remediable (other than failure by the Hirer to pay the Hire Charges), fails to remedy it within 7 days after receiving written notice to do so);

      5. then, in any such case, LCS Container Services shall be entitled to treat this Contract as being at an end and shall not be obliged to deliver or install the Building or require the recovery of the Building (as the case may be) without liability to the Hirer.

    2. If this Contract is terminated prior to the expiry of the Contract Term, then the Hirer shall be liable to pay the entire balance of the Hire Charges for the unexpired portion of the Contract Term.

    3. Upon termination, the Building will be inspected by LCS Container Services and any charges for damages/repairs excluding fair wear and tear will be chargeable to the Hirer and payable within 30 days of the date of LCS Container Services’ invoice therefor.

  14. Inspection, Servicing and Repairs

    1. The Hirer shall be responsible to LCS Container Services for the duration of the Contract Term (and any period beyond the Contract Term during which LCS Container Services continues to hire the Building to the Hirer) for safekeeping of the Building and for its use in a proper and workmanlike manner. The Hirer shall not use the Building for any purpose beyond its capacity or in any manner which, in the opinion of LCS Container Services, is likely to result in undue deterioration or its becoming immobilised immovable or otherwise inaccessible.

    2. The Hirer shall keep the Building in good and substantial repair and condition, applying the procedures for servicing and repair in this clause 14 and for maintenance in accordance with clause 16.

    3. The Hirer shall at all reasonable times permit LCS Container Services and its agents access to the Building to inspect test, adjust, repair, alter or replace the same.

    4. The Hirer shall not (except as required by these conditions) without the prior written consent of LCS Container Services adjust repair or alter the Building or make any attempt so to do or permit any third party so to do (other than with the written authority of LCS Container Services).

    5. If at any time during the Contract Term the Building or any part thereof is in need of adjustment or repair then:-

      1. the Hirer shall forthwith give written notice of such need to LCS Container Services;

      2. LCS Container Services shall with reasonable diligence either carry out the necessary adjustment or repair on Site or at its discretion arrange for the removal of the Building or part or parts thereof to LCS Container Services’ works for adjustment or repair;

      3. in the event of LCS Container Services removing the Building or any parts thereof LCS Container Services may at its opinion adjust or repair and re-deliver the Building or such parts or parts with reasonable diligence or determine the Contract forthwith in relation to the Building by giving written notice to the Hirer or replace the Building or such part or parts in which case this Contract shall continue as if the substituted product or such part or parts had been or had been included in the subject matter of the Contract;

      4. in the case of adjustment repair or substitution LCS Container Services may at its option apply LCS Container Services’ Hire rates current at the date of completion of adjustment repair or substitution in place of those set out in the Contract in respect of any such adjusted repaired or substituted Building as from the date of such completion;

      5. if in the reasonable opinion of LCS Container Services the Building’s condition necessitating adjustment or repair arises in whole or in part from any cause other than fair wear and tear then:-

        • the Hirer shall be liable for all costs of repair, inspection, loading, unloading and transport in connection with the carrying out of the adjustments or repairs or the removal of the Building or any part or parts thereof and the redelivery thereof or of any substitute therefor; and

        • Hire Charges shall continue to be payable as if the Building had not been in need of adjustment or repair;

    6. Upon termination the Building will be inspected on Site by LCS Container Services and any charges for damages/repairs excluding fair wear and tear will be chargeable to the Hirer.

    7. The Hirer shall be responsible for the carrying out of all statutory inspection tests in accordance with the appropriate regulations during the Contract Term. This will include but not be exclusive to electrical, gas and water services and electrical appliances. The Hirer shall indemnify LCS Container Services in full for all costs damages or losses howsoever caused arising out of or connected with the failure by the Hirer to comply with any such statutory inspection tests or regulations.

  15. Loss or Damage to Building

    1. The Hirer is responsible for the safe keeping of the Building during the period of Hire and for its return to LCS Container Services at the termination of Hire. If the Hirer fails to return the Building for whatever reason whether as a result of theft, loss, destruction or otherwise, whether due to negligence on the part of the Hirer, its servants and/or agents or not the Hirer shall be liable to LCS Container Services for:

      1. the cost of replacement of the Building together with all costs arising therefrom and

      2. LCS Container Services’ Hire Charges until payment of the costs except to the extent that any such loss arises as a result of Insured Risks and LCS Container Services receives payment from its insurers in respect of any loss falling within the terms of this clause 15.1.

  16. Maintenance

    1. Responsibility for the maintenance of the Building will be allocated as follows:

      1. LCS Container Services will be responsible for the replacement of inherent defects and faulty parts in accordance with LCS Container Services’ standard written policy for maintenance issued to the Hirer from time to time;

      2. the Hirer will be responsible for damage caused to the Building as a result of its use (excluding fair wear and tear).

    2. By way of illustration only, examples of respective responsibilities are as follows. LCS Container Services will be responsible for the replacement of the following items (other than defects arising as a result of damage caused by the Hirer or by other third parties:
      Leaking windows
      Roof leaks
      The Hirer will be responsible for:
      Holes in wall boards caused by use
      Damage to components such as doors, kitchen units, electrical items and trunking
      Tears or marks to floor covering
      Damage to Sanitary ware
      Damage to electrical installation and wiring
      Replacement of lighting tubes/bulbs

    3. Fair wear and tear will be accepted by LCS Container Services at the end of the Contract Term and such items as:
      Marks to paintwork to door casing and window linings
      Finger marks on doors
      Door handle wear
      Marks to paintwork to entrance doors

  17. Building Components

    1. Unless expressly stated in the Specification (and priced accordingly), the Hire Charges, Installation Charges and any other sums payable under the Contract are provided on the basis that the components used in the Building itself, and in any fixtures, fittings or other products incorporated as part of the supply will or may have been subject to prior use. This enables LCS Container Services to provide the Building on a cost effective basis to the Hirer. Where the Hirer requires the Building and associated products to be supplied on an entirely new basis, it is the Hirer’s responsibility to ensure that the Specification state this, which will be reflected in the price payable under the Contract by the Hirer. If following Installation, the Hirer subsequently requests any upgrade of the Building, components or associated products included within the supply, then the LCS Container Services reserves the right to increase the level of the Hire Charges payable.

  18. Procedure for return of the Building

    1. If the Hirer wishes to terminate its use of the Building (either at the end of the Contract Term specified in the Commercial Schedule or at the end of any subsequent period of extended use following the expiry of the initial Contract Term), the Hirer shall give LCS Container Services 45 days’ notice in writing to terminate its hire of the Building under the Contract (“Cessation Notice”). Any such notice may not be given to have effect prior to the expiry of the initial Contract Term.

    2. Within a reasonable period following receipt of the notice of intended termination of hire, LCS Container Services will carry out an inspection of the Building and provide a written schedule of dilapidations to the Hirer specifying repairs required to the Building, fixtures and fittings, the cost of repair of which is a liability of the Hirer. Such schedule shall exclude matters falling within reasonable wear and tear in accordance with these Conditions and LCS Container Services’ written policy for dilapidations (if any) from time to time.

    3. If damage to the Building is of such an extent that the Building and a material amount of its component parts cannot be reused, then LCS Container Services reserves the right to claim compensation for loss of future use at a rate equivalent to the level of Hire Charges being paid by the Hirer to LCS Container Services at the expiry of the Contract Term. LCS Container Services shall be entitled to invoice the Hirer on a monthly basis for such loss of use and any such invoice shall be payable within 30 days in accordance with LCS Container Services’ standard terms.

    4. The Hirer will be responsible for returning the Building in a clean condition, for example all internal floors, walls and ceilings will be clean. Where the use of the Building has involved a specialist use such as medical activities, or other activities involving potentially dangerous substances, the Hirer will arrange for Hygienic Certification to prove that the equipment and contents have been properly cleaned.

    5. Should the Hirer leave any abnormal substances inside or attached to the Building, then LCS Container Services reserves the right to inform the Health and Safety Executive and seek the appropriate compensation.

    6. The Hirer will be responsible for the removal of all third party furniture and equipment prior to the dismantling of the Building. Costs for disposing / moving third party furniture and equipment will be chargeable.

  19. Collection and Dismantling

    1. Following service of a Cessation Notice, LCS Container Services shall undertake a final Site survey (and the Hirer shall cooperate with LCS Container Services in this regard). It shall be the Hirer’s responsibility to thereafter ensure that the Site is made ready to enable LCS Container Services to collect the Building on the date proposed for its collection, which will include ensuring that all appropriate ground works have been completed in accordance with the requirements of the Site survey to enable collection and dismantling to take place in a safe and orderly manner.

    2. The Hirer shall remain liable to continue to pay the Hire Charges to LCS Container Services until the date on which the collection of the Building by LCS Container Services is successfully completed and LCS Container Services shall be entitled to invoice the Hirer accordingly. This will include (but is not limited to) any delay in collection and dismantling arising as a result of the Hirer’s failure to comply with its obligations to ensure appropriate ground conditions, safe access and other requirements as specified in the final Site survey or otherwise notified in writing by LCS Container Services to the Hirer in the context of the proposed collection of the Building.

    3. Upon removal of the Modular Building, the removal of foundations, services and all other infrastructure will be the responsibility of the Hirer unless otherwise agreed in writing and placed accordingly.

    4. Following completion of the collection of the Building, LCS Container Services shall be entitled to invoice the Hirer for the Collection Charges, which invoice shall be paid within 30 days of issue.

  20. Sub Letting

    1. The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the Building or its contents and shall protect the same against distress, execution or seizure and shall indemnify LCS Container Services against all losses, damages, costs, charges and expenses that may be occasioned by any failure to observe and perform this Condition.

    2. The Hirer shall not assign his rights hereunder nor sub-let or lend the Building or any part thereof to a third party without the prior written consent of LCS Container Services.

  21. Change of Site

    1. The Building shall not be moved from the Site to which it was delivered or consigned without the authority of LCS Container Services, such authority to be confirmed in writing prior to any such movement taking place.

  22. Identification Marks

    1. LCS Container Services retains the right to affix a mark or plate on the Building identifying it as the property of LCS Container Services and the Hirer shall not remove, deface or cover up the same.

    2. The Hirer shall not be permitted to affix any mark or plate on the Building unless prior written authority has been given by LCS Container Services.

    3. The Hirer will be responsible for the cost of rectification or reinstatement at the termination of the Hire Period.

  23. Safety Instructions

    1. The Hirer must ensure that everyone who uses the Building is properly instructed on how to use it safely and correctly, and that they have all the instructions that have been supplied. The Hirer must ensure the Building is not misused.

  24. Environment Policy

    1. LCS Container Services has a strict environmental policy. It is the Hirer’s responsibility that the Building must be returned clean and free from waste materials, and that effluent tanks must be emptied.

  25. Government Regulations

    1. The Hirer is solely responsible for applying for, obtaining and complying with the obligations imposed by any Act of Parliament statutory instrument statutory regulations and all third party rights in relation to the Installation use and removal of the Building including but without prejudice to the generality of the foregoing the Building Regulations Acts and all obligations and third party rights relating to the purposes for which the Building is used or to its condition delivery sitting or removal. The Hirer shall indemnify LCS Container Services in full for all costs damages or losses howsoever caused arising out of or connected with the failure by the Hirer to comply with any such statutory requirements.

  26. Waiver

    1. Any failure by LCS Container Services to enforce any or all of these Conditions shall not amount to or be interpreted as a waiver of any of its rights.

  27. Force Majeure

    1. Force Majeure Event means any circumstance not within LCS Container Services’ reasonable control including, without limitation:

      • Acts of God, flood, drought, earthquake or other natural disaster;

      • epidemic or pandemic;

      • terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

      • nuclear, chemical or biological contamination or sonic boom;

      • any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition[, or failing to grant a necessary licence or consent];

      • collapse of buildings, fire, explosion or accident;

      • any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party);

      • non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and

      • interruption or failure of utility service.

    2. If LCS Container Services is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event, LCS Container Services shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.

    3. LCS Container Services shall:

      • as soon as reasonably practicable after the start of the Force Majeure Event but no later than 7 days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and

      • use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

  28. Copyright

    1. The copyright in drawings data and literature relating to the Building and LCS Container Services’ goods and services shall remain the property of LCS Container Services and (where marked as or otherwise indicated to be confidential) such drawings data and literature and LCS Container Services manufacturing and operating techniques shall not be disclosed or used except necessarily for the purpose of application and use by the Hirer of the Building.

  29. Counterparts

    1. This Contract may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one Contract.

    2. Transmission of an executed counterpart of this Contract (but for the avoidance of doubt not just a signature page) by email (in PDF, JPEG or other agreed format), shall take effect as delivery of an executed counterpart of this Contract. If either method of delivery is adopted, without prejudice to the validity of the Contract thus made, each party shall provide the others with the original of such counterpart as soon as reasonably possible thereafter.

    3. No counterpart shall be effective until each party has executed at least one counterpart.

    4. The copyright in drawings data and literature relating to the Building and LCS Container Services’ goods and services shall remain the property of LCS Container Services and (where marked as or otherwise indicated to be confidential) such drawings data and literature and LCS Container Services manufacturing and operating techniques shall not be disclosed or used except necessarily for the purpose of application and use by the Hirer of the Building.

  30. Entire Agreement

    1. The express terms of this Contract and these Conditions shall govern this Contract to the exclusion of any other terms and conditions purported to be specified or incorporated by the Hirer. No variation to this Contract or these Conditions shall be binding unless agreed in writing between the authorised representatives of the Hirer and LCS Container Services. The employees or agents of LCS Container Services are not authorised to make any representations concerning the Building unless expressly set out in this Contract. In entering into this Contract, the Hirer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not expressly set out in this Contract.

  31. Interpretation and Law

    1. These conditions shall be interpreted without reference to their headings. The Contract and these Conditions of Hire shall be governed by the construed in accordance with English Law. The Hirer irrevocably submits to the exclusive jurisdiction of the English Courts.

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