Terms & Conditions of Hire

1. Parties & Definitions

The Supplier: Môn & North Wales Traffic Control, Llangefni, Anglesey.

The Hirer: The company, partnership or sole trader named in the booking confirmation or hire order, contracting in the course of a business.

The Equipment: All portable traffic signal heads, controllers, radios, batteries, chargers, signs, cones and ancillary items supplied under the booking.

The Hire Period: As defined in clause 4.

These terms, together with the booking confirmation, form the entire agreement between the parties and replace anything previously discussed or written. Nothing in the Hirer's own purchase order or standard terms varies these terms unless we agree it in writing.

2. Equipment Provided

Portable traffic signal equipment and accessories as specified in the booking quote, which may include:

• 2-way, 3-way or 4-way portable signal setups
• Signal heads, master and slave controllers, radios, batteries and chargers
• Dry hire, or managed site setup and maintenance, as agreed at booking
• Delivery, setup and collection as per the order quotation

The Equipment is checked and tested before despatch. The Hirer must inspect it on delivery and report any shortage, damage or defect within 24 hours. After that the Equipment is treated as delivered complete and in good working order.

3. Ownership & Possession

• The Equipment remains the property of the Supplier at all times. The Hirer acquires no ownership, title or interest in it.
• The Hirer must not sell, pledge, charge, lend, sub-hire or part with possession of the Equipment, or allow any lien or encumbrance over it.
• The Hirer must not remove, deface or obscure any identifying mark, plate, label or tracker fitted to the Equipment.
• If the Hirer becomes insolvent, enters administration, has a receiver appointed, or ceases trading, the hire terminates immediately and the Supplier may enter any premises or site where the Equipment is reasonably believed to be, in order to recover it.
• The Hirer must notify the Supplier immediately if the Equipment is at risk of seizure by a third party.

4. Hire Period & Off-Hire

The Hire Period begins on delivery or handover of the Equipment and continues until a formal Off-Hire Notice is received by the Supplier by email or telephone and the Equipment is collected.

Charges continue to accrue until the Equipment has been collected. Where collection is delayed because the Hirer has not made the Equipment safely accessible, or the site cannot be reached, charges continue until collection is possible. The Hirer must provide reasonable access for collection.

Off-hire notices given outside working hours take effect on the next working day.

5. Charges

Hire charges follow the agreed rate quotation or published rate card. Rates are charged on a daily or weekly basis, and delivery and collection are charged as separate journeys unless the quotation states otherwise.

We are not currently VAT registered, so no VAT is charged on our hire rates or invoices. Should this change, we will notify account customers in advance.

6. Payment Terms

• Credit accounts are subject to approval. Approved contractors are invoiced on completion, or monthly for extended hires.
• Standard payment terms for approved credit accounts: strictly 14 days from the date of invoice, unless different terms are agreed in writing.
• Late payments incur statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998, currently 8% above the Bank of England base rate, together with the fixed sum compensation that Act allows.
• Hirers without an approved credit account must pay a security deposit before the Equipment is despatched. The deposit is confirmed in writing with the booking and set against the final invoice, with any balance returned within 14 days of collection.
• The Supplier may suspend deliveries, refuse further bookings, or require immediate return of Equipment where an account is overdue.
• The Hirer may not withhold or set off any payment on account of an alleged claim or dispute without the Supplier's written agreement.

7. Insurance

This clause is a condition of hire. Equipment will not be despatched until it is satisfied.

• From delivery until collection, the Hirer must insure the Equipment against loss, theft, vandalism, fire and damage, for its full replacement value, on an all-risks basis. The Supplier is to be noted as owner of the Equipment on that policy.
• The Hirer must hold public liability insurance of not less than £5,000,000 covering the works and the Hirer's use of the Equipment.
• The Hirer must produce evidence of both policies on request, and must not do anything that would invalidate them.
• Insurance does not limit the Hirer's liability under clause 8. Any policy excess, shortfall or declined claim remains the Hirer's responsibility.
• The Hirer must notify the Supplier immediately of any incident likely to give rise to a claim.

8. Loss or Damage

• The Hirer is responsible for the Equipment from delivery until collection, and is liable for the cost of repair or full replacement in the event of loss, theft, vandalism or damage, however caused, other than fair wear and tear.
• Replacement values are those set out in the schedule of values available on request. Where no value is stated, the cost of like-for-like replacement applies.
• Hire charges continue to run until lost or stolen Equipment is paid for in full, or damaged Equipment is repaired and returned to service.
• Theft must be reported to the police and a crime reference number provided to the Supplier. Failure to do so makes the Hirer liable for the full replacement value regardless of any insurance position.
• Equipment returned excessively dirty, contaminated or with damaged batteries may be subject to a cleaning or refurbishment charge.

9. Hirer Responsibilities

• Obtain all statutory permits, notices, licences and permissions required for the works, including those under the New Roads and Street Works Act 1991 and the Traffic Management Act 2004, before the Equipment is deployed. The Supplier is not responsible for the Hirer's failure to obtain these.
• Dry hire: ensure the Equipment is sited, set and operated only by operatives who are trained and competent to do so, in accordance with Chapter 8 of the Traffic Signs Manual, the Traffic Signs Regulations and General Directions, the Code of Practice Safety at Street Works and Road Works, and the operating instructions supplied with the Equipment.
• Ensure signal timings, clearance periods and site length are set correctly for the site, and that signal visibility and stop line positions comply with the approved layout.
• Keep the Equipment secure on site, and take reasonable precautions against theft and vandalism.
• Monitor battery status during dry hire and give reasonable notice for battery exchanges.
• Report any fault or operational anomaly immediately using the fault line provided with the booking confirmation, and make the site safe in the meantime.
• Do not tamper with, reconfigure, dismantle, repair or relocate the Equipment without the Supplier's prior written consent, other than adjustments the Equipment is designed for and the Hirer has been shown how to make.
• Use the Equipment only at the site stated in the booking. Moving it to another site requires the Supplier's written agreement.

10. Indemnity

The Hirer indemnifies the Supplier against all claims, demands, proceedings, losses, damages, penalties, costs and expenses arising from or in connection with:

• the siting, positioning, timing, operation or removal of the Equipment by the Hirer or anyone acting on the Hirer's behalf;
• the Hirer's failure to obtain or comply with any permit, notice or approved traffic management layout;
• any injury to any person or damage to any property arising from the works or the Hirer's use of the Equipment;
• any breach by the Hirer of these terms.

This indemnity does not apply to the extent that a claim arises from the Supplier's own negligence or from Equipment supplied in a defective condition.

11. Supplier Responsibilities & Liability

• Supply Equipment that is tested, operational and compliant with the relevant UK highway standards for portable traffic signals.
• Operate a fault line for active hires, answered outside normal working hours. We aim to attend site or swap out faulty Equipment within 4 hours of a reported fault, and will keep the Hirer informed where site access, weather or distance makes that impractical.
• Where managed setup is booked, set out and commission the Equipment in accordance with the approved layout.

Subject to the paragraph below, the Supplier's total liability for any fault, delay or failure of Equipment is limited to the hire charge paid for the affected period. The Supplier is not liable for indirect or consequential loss, including council penalties, overrun charges, traffic delay costs, loss of profit or contractor downtime.

Nothing in this agreement limits or excludes the Supplier's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited.

12. Cancellation & Postponement

Cancellations made within 24 hours of scheduled despatch or site setup may be subject to a cancellation fee equivalent to 1 day's hire plus any transport costs already incurred.

Because our fleet is limited, cancellation of a 4-way booking within 48 hours of despatch may be subject to a fee equivalent to 2 days' hire, as the Equipment cannot be re-let at short notice.

Postponements are accommodated wherever availability allows, at no charge where we are given more than 24 hours' notice.

13. Termination

The Supplier may terminate the hire and recover the Equipment immediately, without compensation, where the Hirer breaches these terms, fails to pay on time, uses the Equipment unsafely or unlawfully, or where the Supplier reasonably believes the Equipment or the public is at risk. Charges remain payable to the date of recovery.

14. Force Majeure

Neither party is liable for failure or delay in performing its obligations where that failure is caused by events beyond its reasonable control, including severe weather, flooding, road closures, accidents, industrial action, or failure of a third-party supplier. Where such an event prevents delivery, the Supplier will offer alternative dates or refund any sums paid for the affected hire.

15. Data Protection

Personal data provided during booking is handled in accordance with our Privacy Policy, under UK GDPR and the Data Protection Act 2018.

16. General

• Variation: No change to these terms is binding unless agreed by the Supplier in writing.
• Severance: If any provision is found unenforceable, the remainder continues in force.
• Waiver: A delay in enforcing any term is not a waiver of it.
• Assignment: The Hirer may not assign or transfer this agreement without the Supplier's written consent.
• Third parties: No one other than the Supplier and the Hirer has any right to enforce this agreement.
• Notices: Notices may be given by email to the addresses used for the booking.

17. Governing Law

This agreement is governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.