Hire Terms & Conditions

Applicable Law means the law of the United Kingdom (UK) or of a part of the UK.

Business Day means a day (other than a Saturday, Sunday or bank or public holiday in England) when banks in London are open for business.

Conditions means the terms and conditions set out in this document.

Customer means the person, firm or company who hires the Equipment from Wolff, details of which are set out in the Order Confirmation.

Customer Site means the Customer's address as stipulated in the Order Confirmation (or such other Customer premises as may be agreed in writing by Wolff).

Data Protection Laws means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR (which has the meaning given to it in the DPA 2018), Data Protection Act 2018 ("DPA 2018") (and regulations made hereunder) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended).

Delivery means the transfer of physical possession of the Equipment to the Customer at the Customer Site.

Delivery Date means the date on which Wolff delivers, or arranges for the delivery of, the Equipment.

Equipment means the equipment, machine or apparatus described in the Order Confirmation which is owned by Wolff and which Wolff agrees to hire to the Customer under the Rental Contract (including any substitutions or replacements procured by Wolff).

Order means the Customer's order for the proposed hire of the Equipment, which shall be placed by the Customer either: (i) offline (by telephone, email or such other method agreed in advance by Wolff); or (ii) online through the Wolff Website.

Order Confirmation means the written confirmation issued by Wolff to the Customer pursuant to clause 2.2, and which stipulates, inter alia, details of the Customer, the Equipment hired and the Rental Payments.

Rental Contract means the contract between Wolff and the Customer for the rental of Equipment which is formed pursuant to clause 2.2, and which is made up of the Order Confirmation and these Conditions.

Rental Payment(s) means the weekly payment(s) to be made by or on behalf of the Customer to Wolff for the hire of the Equipment, as set out in the Order Confirmation.

Rental Period means the period of hire as set out in the Order Confirmation and clause 4.1.

Risk Period means the period during which the Equipment is at the sole of the risk of Customer as set out in clause 7.5.

Software has the meaning given in clause 9.1(l).

Supervisory Authority means the UK's regulatory authority responsible for the enforcement of Data Protection Laws being the Information Commissioner.

Total Loss means due to the Customer's default the Equipment is, in Wolff's reasonable opinion or the opinion of its insurer(s), damaged beyond repair, lost, stolen, seized or confiscated.

VAT means value added tax or any equivalent tax chargeable in the UK or elsewhere.

Wolff means Wolff Onsite Limited (company number 09883795) whose registered office is at Grange Mill Lane, Sheffield S9 1HW (and any of its trading names and styles). Wolff's VAT registration number is 255 454202.

Wolff Website means the website operated by Wolff at wolffonsite.co.uk/ (as may be updated from time to time by Wolff).

Controller, Processor, Data Subject, Personal Data, Personal Data Breach and Processing shall have the meanings given to them in Data Protection Laws, and in each case, their cognate terms shall be construed accordingly.

(a) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

(b) A reference to writing or written includes email but excludes fax.

(c) References to clauses are to the clauses of these Conditions.

(d) If there is any conflict or inconsistency between any of the provisions in the main body of these Conditions and the provisions of the Order Confirmation, the provisions of the Order Confirmation shall prevail to the extent necessary to resolve the conflict or inconsistency.

Contact Us

Email: hello@wolffonsite.co.uk

Telephone: 01709 559668

(a) interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this sub-clause clause 5.6(a) will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and

(b) any costs and expenses (on a full indemnity basis) incurred or paid by Wolff in connection with recovering any money due under the Rental Contract including Wolff's reasonable administrative costs and expenses and any costs incurred with lawyers and/or debt collection agencies.

(a) for Delivery, installation (if agreed in the Order Confirmation) and collection of the Equipment;

(b) for any repair or replacement costs incurred or paid by Wolff in relation to the Equipment which are not covered as part of the warranty at clause 10 and arise as a result of or in connection with the Customer's (or any of its personnel's) acts and/or omissions (including any misuse or mishandling of the Equipment);

(c) upon the occurrence of any of the events contemplated by clause 7.2;

(d) if the Customer fails to effect or maintain the required insurances pursuant to clause 7.7;

(e) if the Customer requests additional support at the Customer Site or at any other location.

(a) insurance of the Equipment to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as Wolff may from time to time nominate in writing;

(b) insurance for such amounts as a prudent owner or operator of the Equipment would insure for, or such amount as Wolff may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Equipment; and

(c) insurance against such other or further risks relating to the Equipment as may be required by law, together with such other insurance as Wolff may from time to time consider reasonably necessary and advise to the Customer in writing.

(a) the transportation and delivery of the Equipment to the Customer Site in accordance with clause 7.1;

(b) the installation (if applicable) of the Equipment at the Customer Site;

(c) the collection of the Equipment at the end of the Rental Period.

(a) provide all requisite materials, facilities, access and suitable and safe working conditions to enable delivery of the Equipment by Wolff. The Customer is responsible for ensuring the suitability of the Customer Site in all respects;

(b) ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a safe and proper manner by trained competent staff in accordance with any operating instructions provided by Wolff or the manufacturer;

(c) take such steps (including compliance with all safety and usage instructions provided by Wolff) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work;

(d) maintain at its own expense the Equipment in good and substantial repair in order to keep it in as good an operating condition as it was on Delivery (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment;

(e) maintain operating and maintenance records of the Equipment and make copies of such records available to Wolff upon request, together with such additional information as Wolff may reasonably require;

(f) make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without Wolff's prior written consent unless necessary to comply with any mandatory modifications required by law or any regulatory authority or unless the component (or components) is (or are) replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved or advanced version of it. Title in all substitutions, replacements, renewals made in or to the Equipment shall vest in Wolff immediately on installation;

(g) keep the Equipment at all times at the Customer Site and shall not move or attempt to move any part of the Equipment to any other location without Wolff's prior written consent;

(h) permit Wolff or its duly authorised representatives to inspect the Equipment at all reasonable times and for such purpose to enter on the Customer Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;

(i) ensure that at all times the Equipment remains identifiable as being Wolff's property;

(j) comply with all reasonable instruction given by Wolff in respect of the Equipment;

(k) give immediate written notice to Wolff in the event of any loss, accident, defect, breakdown, or damage to (or material matter affecting) the Equipment arising out of or in connection with the Customer's possession or use of the Equipment;

(l) without prejudice to the generality of clause 9.5, in respect of any software made available by Wolff in conjunction with the hire of the Equipment (Software), comply with, and procure that its personal comply with, any end-user licence terms relating to such software which are notified or otherwise made available by Wolff;

(m) make available the Equipment at the Customer Site no later than 9:00 am on the day after the end of the Rental Period and allow Wolff or its representatives access to the Customer Site or any premises where the Equipment is located for the purpose of removing the Equipment.

(a) perform, or allow any person to perform, any work in or upon or make modifications, changes, alterations or repairs to the Equipment other than basic routine daily maintenance;

(b) without the prior written consent of Wolff, part with control of (including for the purpose of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;

(c) not without Wolff's prior written consent, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Customer shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Wolff against any and all losses, costs or expenses incurred or paid as a result of such affixation or removal;

(d) do or permit to be done any act or thing which will or may jeopardise the right, title or interest of Wolff in the Equipment, and, where the Equipment has become affixed to any land or building, the Customer must take all necessary steps to ensure that Wolff may enter such land or building and recover the Equipment both during the term of the Rental Contract and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Wolff of any rights such person may have or acquire in the Equipment and a right for Wolff to enter onto such land or building to remove the Equipment;

(e) suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Customer shall immediately notify Wolff and the Customer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify Wolff on demand against any and all losses, costs, charges, damages and expenses reasonably incurred or paid as a result of such confiscation;

(f) use the Equipment for any unlawful purpose.

(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software; or

(b) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software;

(c) attempt to obtain, or assist third parties in obtaining, access to the Services, Software or Documents, other than as provided under this Licence;

(d) distribute or transmit to Wolff any viruses or other malware;

(e) store, access, publish, disseminate, distribute or transmit any material which (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, or (ii) causes damage or injury to any person or property.

(a) the Customer notifies Wolff of any defect in writing within one (1) Business Day of Delivery;

(b) Wolff is permitted to make a full examination of the alleged defect;

(c) the defect was not caused, in whole or in part, by misuse, neglect, mishandling or unauthorised alteration or manipulation;

(d) the defect was not caused, in whole or in part, by any information, design or any other assistance supplied by the Customer or on its behalf;

(e) the defect was not caused by any failure on the part of the Customer to provide Wolff with any relevant information regarding the Customer's use of the Equipment or the Customer's Site; and

(f) the defect is directly attributable to defective material, workmanship or design.

(a) death or personal injury caused by that party's negligence, or the negligence of its employees, agents, consultants or sub-contractors (as applicable);

(b) fraud or fraudulent misrepresentation; or

(c) any matter in respect of which it would be unlawful for that party to exclude or restrict liability.

(a) loss of profits, revenues or other economic loss;

(b) loss of sales or business;

(c) loss of agreements or contracts;

(d) loss of anticipated savings or wasted expenditure;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill; and

(g) indirect or consequential loss,

(a) the Customer fails to pay any amount due under the Rental Contract on the due date for payment and remains in default not less than three (3) days after being notified to make such payment;

(b) the Customer's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Rental Contract are in jeopardy;

(c) the Customer commits a material breach of any term of the Rental Contract which is irremediable or (if such a breach is remediable) fails to remedy that breach within a reasonable period of the Customer being notified in writing to do so, or commits any persistent breach of the Rental Contract;

(d) the Customer becomes subject to a relevant insolvency or bankruptcy event or procedure;

(e) there is a material change in the ownership, management or control of the Customer; or

(f) the Customer suspends, threatens to suspend, ceases or threatens to cease to carry on all or a substantial part of its business.

(a) Wolff's consent to the Customer's possession and use of the Equipment shall automatically terminate and Wolff may, by its authorised representatives, without notice, retake possession of the Equipment and for this purpose may enter the Customer Site or any premises at which the Equipment is located;

(b) the Customer shall ensure the safe and proper storage of the Equipment until it has been collected by Wolff;

(c) the Customer shall pay to Wolff on demand all Rental Payments and other sums (including any additional charges pursuant to clause 6) due but which are unpaid at the date of such termination together with any accrued interest. Wolff shall be entitled to raise an invoice for any Rental Payments payable in respect of any part of the Rental Period for which no invoice has been raised;

(d) in so far as the Customer does not allow Wolff to collect the Equipment in accordance with sub-clause 12.3(a), Wolff shall be entitled to charge for the Equipment at Wolff's then current rates and in addition the Customer shall fully reimburse Wolff (calculated on a full indemnity basis) for any and all costs, charges and expenses (including legal costs) suffered or incurred or paid by Wolff in connection with the recovery of said Equipment, and the Customer shall pay any sums due to Wolff under this sub-clause 12.3(d) immediately on demand.

(i) the subject matter, duration, nature and purposes of the Processing of Personal Data are set out in these Conditions. The types of Personal Data Processed for the performance of the Rental Contract under these Conditions include images and CCTV footage. The Data Subjects include the Customer's employees and members of the public. The obligations and rights of Wolff are set out in these Conditions;

(ii) on the Customer's documented instructions including those set out in the Rental Contract, unless Wolff is required by Applicable Law to otherwise Process that Personal Data. Where Wolff relies on Applicable Law as the basis for Processing Personal Data, Wolff shall notify the Customer of the relevant legal requirement before such Processing, unless that law prohibits such information on important grounds of public interest. Wolff shall inform the Customer if, in Wolff's opinion, any of the Customer's instructions infringe applicable Data Protection Laws;

(iii) implement appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, having regard to the state of technological development and the cost of implementing any measures;

(iv) maintain the confidentiality of Personal Data and not disclose Personal Data to third parties unless the Customer or these Conditions specifically authorises the disclosure, or as required by Applicable Law, court or Supervisory Authority. If Applicable Law, court or Supervisory Authority requires Wolff to Process or disclose Personal Data to a third party, Wolff shall first inform the Customer of such legal or regulatory requirement and give the Customer an opportunity to object or challenge the requirement, unless Applicable Law, court or Supervisory Authority prohibits the giving of such notice;

(v) ensure that any of Wolff's personnel who have access to and/or Process Personal Data are obliged to keep Personal Data confidential;

(vi) promptly notify the Customer if Wolff receives a request (or communication) from a Data Subject (or Supervisory Authority) under Data Protection Laws in respect of Personal Data Processed under these Conditions (Wolff shall not respond to a request from a Data Subject, unless authorised to do so by the Customer), and assist the Customer insofar as this is possible (taking into account the nature of the Processing and the information available to Wolff), and at the Customer's cost and written request, in responding to any such request and in ensuring the Customer's compliance with its obligations under applicable Data Protection Laws with respect to such request, security, Personal Data Breach notifications, data protection impact assessments and prior consultations with a Supervisory Authority;

(vii) notify the Customer without undue delay on becoming aware of a Personal Data Breach involving Personal Data Processed during the performance of the Rental Contract under these Conditions;

(viii) at the Customer's written request, delete or return Personal Data and copies thereof on termination of the Rental Contract unless Wolff is required by Applicable Law to continue Processing that Personal Data; and

(ix) maintain records to demonstrate Wolff's compliance with these Conditions and allow for audits (including inspections) by the Customer (or its designated auditor), for this purpose, on reasonable written notice, within Wolff's normal business days and hours.

(i) ensure that the terms on which Wolff appoints such Sub-Processors comply with applicable Data Protection Laws, and are consistent with (and no less protective than) the obligations imposed on us in this clause 13;

(ii) remain responsible for the acts and omissions of any such Sub-Processor as if they were acts and omissions of Wolff; and

(iii) inform the Customer of any intended changes concerning the addition or replacement of Sub-Processors, and the Customer shall have the right to object to such proposed changes. If the Customer objects to the proposed addition of a new Sub-Processor, Wolff may terminate the Rental Contract immediately.

(a) acts of God, flood, drought, earthquake or other natural disaster;

(b) epidemic or pandemic;

(c) 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;

(d) nuclear, chemical or biological contamination or sonic boom;

(e) 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;

(f) collapse of buildings, fire, explosion or accident;

(g) 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);

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

(i) interruption or failure of utility service.

(i) either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute notice), together with relevant supporting documents. On service of the Dispute notice, the parties shall attempt in good faith to resolve the Dispute;

(ii) if the parties are for any reason unable to resolve the Dispute within 30 days of service of the Dispute notice, the parties may enter into mediation in good faith to settle the Dispute and will do so in accordance with the CEDR Model Mediation Procedure; and

(iii) The commencement of mediation shall not prevent the parties commencing or continuing court proceedings.