Terms and Conditions
Supply of Goods and Services (excluding land and buildings and hire of plant and equipment)(business to business) Gilbert Estates Limited Terms and Conditions for the Supply of Goods and Services (Business Customers Only) 1. Definitions and Interpretation 1.1 In these Terms: (a) “Business Customer” means any person, firm, company or other organisation which: (i) enters into a Contract wholly or mainly in the course of its trade, business, craft or profession; or (ii) holds itself out as doing so; or (iii) provides a company name, trading name, VAT number, purchase order, or other business identifier in connection with the Contract; (b) “Company” means Gilbert Estates Limited; (c) “Customer” means a Business Customer purchasing Goods and/or Services from the Company; (d) “Goods” means any goods supplied by the Company; (e) “Services” means any services supplied by the Company; (f) “Contract” means any contract between the Company and the Customer for the supply of Goods and/or Services incorporating these Terms. 1.2 References to statutes or statutory provisions shall include any amendment, re-enactment or replacement thereof. 1.3 Headings are for convenience only and shall not affect interpretation. 1.4 A person shall be deemed to be a Business Customer unless the Company expressly agrees in writing that the person is contracting as a consumer. 2. Basis of Contract 2.1 These Terms shall apply to all Contracts to the exclusion of any other terms that the Customer seeks to impose or incorporate. 2.2 A Contract shall be formed upon the earlier of: (a) the Company’s written acceptance of an order; or (b) the Customer’s acceptance of a quotation; or (c) the Company commencing performance of the Contract. 2.3 The Customer’s acceptance of Goods or Services shall constitute acceptance of these Terms. 2.4 No variation to these Terms shall be binding unless expressly agreed in writing by the Company. 2.5 These Terms apply only to Business Customers. The Company does not contract on these Terms with consumers. 2.6 The Customer warrants and represents that: (a) it is a Business Customer; and (b) it is not acting as a consumer; and (c) it has authority to enter into the Contract in the course of its business. 2.7 The Company has entered into the Contract in reliance upon the Customer’s representation that it is a Business Customer, and the Customer shall indemnify the Company against any loss arising from any breach of clause 2.6. 3. Price and Payment 3.1 The price for the Goods and/or Services shall be the price set out in the Company’s quotation or, if none, as otherwise notified by the Company. 3.2 All prices are exclusive of VAT and any other applicable taxes, which shall be payable by the Customer. 3.3 Unless otherwise agreed in writing: (a) payment for standard orders shall be due within 30 days of the date of invoice; (b) payment for custom orders shall be due on or before delivery, at the Company’s discretion. 3.4 Time for payment shall be of the essence. 3.5 If the Customer fails to make payment when due, the Company may, without prejudice to any other rights: (a) charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; (b) recover all costs and expenses incurred in recovering sums due, including legal costs on a full indemnity basis; (c) suspend performance of the Contract; (d) terminate the Contract with immediate effect. 4. Delivery, Risk and Inspection 4.1 Any dates for delivery or completion are estimates only and time shall not be of the essence. 4.2 The Company shall have no liability for any delay in delivery or performance howsoever caused. 4.3 Risk in the Goods shall pass to the Customer: (a) on delivery to the Customer or its nominated address; or (b) on collection by the Customer or its agent. 4.4 The Customer shall inspect the Goods immediately upon delivery or collection. 4.5 The Customer shall notify the Company in writing of any damage, shortage or defect within 48 hours of delivery or collection. 4.6 If the Customer fails to comply with clause 4.5, the Goods shall be deemed accepted and the Company shall have no liability for: (a) damage in transit; (b) shortages; or (c) any defect which would have been apparent on reasonable inspection. 5. Retention of Title 5.1 Title to the Goods shall not pass to the Customer until the Company has received payment in full for: (a) the Goods; and (b) all other sums due from the Customer to the Company. 5.2 Until title passes, the Customer shall: (a) store the Goods separately and ensure they are readily identifiable as the Company’s property; (b) not remove, deface or obscure any identifying marks on the Goods. 5.3 The Company may, without notice, enter any premises where the Goods are stored or located and recover possession of them, including where the Goods have been installed or affixed. 5.4 The Customer shall indemnify the Company in respect of: (a) all costs incurred in recovering the Goods (including removal of installed Goods); and (b) any loss in value, damage or depreciation arising from use, installation or removal. 6. Services 6.1 The Company shall perform the Services using reasonable skill and care. 6.2 Subject to clause 6.1, all other warranties, conditions or terms relating to the Services, whether express or implied, are excluded to the fullest extent permitted by law. 7. Warranty and Exclusions 7.1 The Goods and Services are supplied without warranty to the fullest extent permitted by law. 7.2 All implied terms, conditions and warranties, including those relating to quality, fitness for purpose and description, are excluded insofar as legally permissible. 8. Limitation of Liability 8.1 The Company’s total liability arising out of or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the total price payable under the Contract. 8.2 The Company shall not be liable for: (a) loss of profit; (b) loss of business; (c) loss of opportunity; or (d) any indirect or consequential loss. 8.3 Nothing in these Terms shall exclude or limit liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability which cannot be excluded or limited as a matter of law. 9. Cancellation 9.1 In respect of non-custom orders, the Customer may cancel only in accordance with applicable statutory rights. 9.2 In respect of custom orders, the Customer shall be liable for all work carried out and costs incurred by the Company up to the date of cancellation. 10. Termination 10.1 The Company may terminate the Contract with immediate effect by written notice if: (a) the Customer fails to make any payment when due; or (b) the Customer becomes insolvent or unable to pay its debts as they fall due. 11. Suspension 11.1 The Company may suspend performance of the Contract where: (a) payment is overdue; or (b) the Company reasonably considers that the Customer may be unable to meet its obligations. 12. Force Majeure 12.1 The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control. 13. General 13.1 The Contract constitutes the entire agreement between the parties and supersedes all prior agreements, understandings or arrangements. 13.2 No failure or delay by the Company to exercise any right shall constitute a waiver of that right. 13.3 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 14. Set-Off 14.1 The Customer shall pay all sums due under the Contract in full without any set-off, counterclaim, deduction or withholding of any kind. 14.2 The Company may at any time set off any liability of the Customer to the Company against any liability of the Company to the Customer, whether under the Contract or otherwise. 15. Governing Law and Jurisdiction 15.1 These Terms and any Contract shall be governed by and construed in accordance with the law of England and Wales. 15.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with the Contract.
Supply of Goods and Services (excluding land and buildings and hire of plant and equipment)(Consumers) 1. Definitions and Interpretation 1.1 In these Terms: (a) “Company” means Gilbert Estates Limited; (b) “Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession; (c) “Goods” means any goods supplied by the Company; (d) “Services” means any services supplied by the Company; (e) “Contract” means any contract between the Company and the Consumer for the supply of Goods and/or Services incorporating these Terms. 1.2 References to statutes include any amendment or re-enactment thereof. 1.3 Headings are for convenience only and shall not affect interpretation. 2. Basis of Contract 2.1 These Terms apply to all Contracts between the Company and a Consumer. 2.2 A Contract shall be formed upon the earlier of: (a) the Company’s acceptance of the Consumer’s order; or (b) payment by the Consumer; or (c) the Company commencing performance. 2.3 The Consumer confirms that they are acting as a Consumer and not in the course of a business. 2.4 No variation to these Terms shall be binding unless agreed in writing by the Company. 3. Price and Payment 3.1 The price shall be as stated at the point of order. 3.2 All prices are inclusive of VAT unless otherwise stated. 3.3 Payment shall be made in full at the time of order. 3.4 The Company shall not be obliged to commence performance or dispatch Goods until payment has been received in cleared funds. 4. Delivery, Risk and Inspection 4.1 Delivery dates are estimates only. 4.2 The Company shall use reasonable endeavours to meet any stated delivery timeframe but shall not be liable for delay outside its control. 4.3 Risk in the Goods shall pass to the Consumer when the Goods come into the physical possession of the Consumer or their nominated recipient. 4.4 The Consumer shall inspect the Goods promptly upon delivery. 4.5 The Consumer should notify the Company of any damage or defect as soon as reasonably practicable. 5. Retention of Title 5.1 Title to the Goods shall not pass until payment has been received in full. 5.2 Until title passes, the Company may require return of the Goods if payment is reversed or not honoured. 6. Services 6.1 The Company shall perform the Services with reasonable skill and care. 6.2 Any completion dates are estimates only. 7. Consumer Rights (Summary) 7.1 Nothing in these Terms affects the Consumer’s statutory rights. 7.2 Under the Consumer Rights Act 2015: (a) Goods must be: (i) of satisfactory quality; (ii) fit for purpose; and (iii) as described; (b) Services must be performed with reasonable care and skill. 7.3 If Goods are faulty, the Consumer may be entitled to: (a) a repair or replacement; or (b) a refund, in accordance with statutory rights. 7.4 If Services are not carried out with reasonable care and skill, the Consumer may be entitled to: (a) repeat performance; or (b) a price reduction. 8. Cancellation Rights 8.1 Where the Contract is concluded at a distance or off-premises, the Consumer may have a right to cancel within 14 days under the Consumer Contracts Regulations 2013. 8.2 This right does not apply to: (a) Goods made to the Consumer’s specifications or clearly personalised; (b) Services once fully performed; (c) Services where performance has begun within the cancellation period with the Consumer’s express request and acknowledgement. 8.3 By placing an order for custom Goods or Services and making payment, the Consumer: (a) expressly requests immediate commencement of performance; and (b) acknowledges that cancellation rights may be lost or reduced. 8.4 Where cancellation applies and Services have begun, the Consumer shall pay for Services supplied up to cancellation. 9. Liability 9.1 The Company shall be responsible for foreseeable loss or damage caused by its breach of contract or negligence. 9.2 The Company shall not be liable for: (a) loss which is not foreseeable; (b) loss arising from misuse of Goods or Services. 9.3 Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability which cannot be excluded by law. 10. Cancellation by the Company 10.1 The Company may cancel the Contract if: (a) payment is not received; (b) the Consumer provides inaccurate information; (c) circumstances arise outside the Company’s control. 11. Force Majeure 11.1 The Company shall not be liable for failure or delay caused by events beyond its reasonable control. 12. General 12.1 The Contract constitutes the entire agreement. 12.2 If any provision is invalid, the remainder shall remain in force. 12.3 No waiver shall be effective unless in writing. 13. Governing Law 13.1 These Terms shall be governed by the law of England and Wales. 13.2 The Consumer may bring proceedings in the courts of England and Wales.
Plant and Equipment Hire (business to business) 1. Definitions and interpretation 1.1 In these terms: (a) Accepted Return means the Equipment has been returned to the Owner’s possession and the Owner has had a reasonable opportunity to inspect it and confirm (acting reasonably) that it is returned in accordance with this Agreement. (b) Agreement means the Hire Order together with these Terms and any Schedules/Annexes referenced in the Hire Order. (c) Business Day means a day other than a Saturday, Sunday or public holiday in England. (d) Charges means all hire charges and any other amounts payable under this Agreement, including delivery/collection, call-out, cleaning/decontamination, repairs, replacement, servicing, consumables, interest and costs. (e) Equipment means any plant, machinery, tools, welfare units, access equipment, lifting equipment, powered equipment, trailers/towable items, attachments, accessories, safety devices, keys, leads, chargers, batteries, telematics and documentation supplied by the Owner to the Hirer under a Hire Order. (f) Hire Order means the Owner’s quotation, hire order, confirmation email or other document stating the commercial details (including Equipment description, location, hire start, rate, minimum period, deposit and replacement values). (g) Hire Period means the period from the earlier of delivery to Site or collection by the Hirer until Accepted Return. (h) Hirer means the business hiring the Equipment. (i) Owner means Gilbert Estates Limited. (j) Operator means any person who uses, operates, drives, tows, installs, assembles, positions, maintains or supervises the Equipment. (k) Site means the location(s) stated in the Hire Order (and any other location authorised in writing by the Owner). 1.2 Headings are for convenience only and do not affect interpretation. 1.3 If there is any conflict: (a) the Hire Order prevails over these Terms; and (b) these Terms prevail over any Hirer terms. 2. Basis of hire 2.1 These Terms apply to all hires of Equipment by the Owner to the Hirer and exclude any Hirer terms. 2.2 A hire is binding when the Owner issues a Hire Order/confirmation and/or releases the Equipment. Email acceptance is sufficient. 2.3 The Owner may refuse or withdraw hire (prior to delivery/collection) if the Owner reasonably considers the hire presents a safety, credit or compliance risk. 3. Charges, payment and deposit 3.1 Charges are as stated in the Hire Order and these Terms. 3.2 Unless the Hire Order states otherwise, Charges are payable in advance for the initial period and thereafter weekly in advance (or on demand). 3.3 The Owner may require a security deposit. The Owner may apply the deposit against any sums due, loss or damage. Any balance is refundable once all sums due are paid and Accepted Return has occurred. 3.4 Overdue sums accrue interest at 4% per annum above Bank of England base rate, calculated daily from the due date until payment. The Hirer shall pay the Owner’s reasonable costs of recovery. 3.5 The Owner may suspend performance and/or terminate under clause 14 for non-payment. 4. Delivery, collection and access 4.1 Delivery/collection times are estimates only. The Owner is not liable for delay. 4.2 The Hirer shall provide safe access, suitable hardstanding/ground conditions, and any permits, traffic management, escorting, lifting or unloading arrangements required. 4.3 If delivery/collection is aborted or delayed due to Site conditions or Hirer default, the Hirer shall pay the Owner’s reasonable costs and hire continues to accrue. 5. Risk, title and location 5.1 Risk passes to the Hirer on delivery to Site or collection by the Hirer (whichever occurs first) and remains with the Hirer until Accepted Return. 5.2 Title to the Equipment remains with the Owner at all times. 5.3 The Hirer shall not sell, assign, charge, mortgage, lend, pledge, part with possession, or sub-hire the Equipment without the Owner’s prior written consent. 5.4 The Hirer shall keep the Equipment at the Site and shall not move it without the Owner’s prior written consent. 6. Hirer obligations (use, competence, compliance) 6.1 The Hirer shall: (a) use the Equipment only for its intended purpose and within rated capacities and limitations; (b) ensure all Operators are competent, suitably trained, certified and authorised (including any licences required for driving/towing/MEWP operation or lifting operations); (c) comply with all applicable laws, regulations, codes and guidance (including PUWER and LOLER where applicable), and manufacturer instructions; (d) undertake pre-use checks, daily/weekly checks and routine care as required by manufacturer guidance and good industry practice; (e) keep the Equipment clean and in good condition (fair wear and tear excepted); (f) not modify, repair, disable safety devices, override interlocks, or tamper with telematics/labels/ID marks; (g) maintain Site security and key control; and (h) notify the Owner immediately of any defect, breakdown, accident, incident, loss, theft, damage, contamination or unsafe condition. 6.2 The Hirer is responsible for all consumables (including fuel, oils, batteries/charging arrangements and waste handling) unless the Hire Order states otherwise. 6.3 The Hirer shall not expose the Equipment to hazardous environments or substances except where expressly designed and authorised in the Hire Order. 6.4 The Hirer shall not allow the Equipment to become subject to any lien or encumbrance and shall promptly discharge any claim affecting the Equipment. 7. Inspection, servicing and access 7.1 The Owner may inspect the Equipment on Site on reasonable notice (or without notice where urgent, for safety/security or recovery). The Hirer shall provide access. 7.2 Where statutory examination, servicing or maintenance is due (including thorough examination where applicable), the Hirer shall facilitate access and downtime; hire continues unless the Owner agrees otherwise in writing. 7.3 If the Hirer requests a call-out and no fault is found attributable to the Owner, the Hirer shall pay the Owner’s reasonable call-out, time and travel costs. 8. Return and acceptance 8.1 The Hirer shall return the Equipment at the end of the Hire Period or upon termination, in accordance with the Owner’s instructions. 8.2 The Hirer shall return the Equipment: (a) clean and free of waste/contamination; (b) with all accessories, keys and documentation; and (c) in the condition required by this Agreement (fair wear and tear excepted). 8.3 Hire continues and Charges accrue until Accepted Return. 8.4 The Owner may charge for cleaning, decontamination, waste disposal, missing items, rectification and administration at the Owner’s reasonable rates (including third-party costs). 9. Loss, theft and damage 9.1 The Hirer is responsible for all loss, theft and damage (howsoever caused) during the Hire Period, except where caused solely by the Owner’s negligence during delivery/collection. 9.2 If the Equipment is lost, stolen or damaged beyond economic repair, the Hirer shall pay the new-for-old replacement cost plus delivery, commissioning, administration and any other losses and costs incurred by the Owner. 10. Insurance 10.1 The Hirer shall maintain with a reputable insurer: (a) “all risks” insurance for loss/damage to the Equipment for not less than its full replacement value; and (b) public liability and employers’ liability insurance as required by law and adequate for the Hirer’s operations involving the Equipment. 10.2 The Hirer shall provide evidence of insurance upon request and shall note the Owner’s interest where reasonably required. 10.3 Failure to maintain insurance is a material breach entitling the Owner to terminate immediately. 11. Owner warranties and exclusions 11.1 The Owner warrants that, at delivery, the Equipment will be in a condition consistent with its age and intended use. 11.2 To the maximum extent permitted by law, all warranties, conditions and terms implied by statute or common law (including satisfactory quality and fitness for purpose) are excluded. 11.3 The Hirer is responsible for assessing suitability of the Equipment for the Hirer’s Site and intended use. 12. Limitation of liability 12.1 Nothing in this Agreement limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability which cannot be limited by law. 12.2 Subject to clause 12.1, the Owner shall not be liable for: (a) loss of profit, revenue, business, contracts or goodwill; (b) indirect or consequential loss; or (c) delay, downtime or Site disruption. 12.3 Subject to clause 12.1, the Owner’s total liability arising out of or in connection with this Agreement (in contract, tort or otherwise) shall not exceed the greater of: (a) £1,000; and (b) the hire charges paid by the Hirer to the Owner under the relevant Hire Order up to the date the liability arose. 13. Indemnity 13.1 The Hirer shall indemnify and keep indemnified the Owner against all claims, liabilities, losses, damages, costs and expenses arising out of or in connection with: (a) the Hirer’s possession, movement, installation, use, operation or maintenance of the Equipment; (b) any breach of this Agreement; (c) any environmental incident, pollution or waste handling (including hazardous waste, fuel or chemical exposure); and (d) any third-party claim relating to the Equipment while in the Hirer’s custody or control, except to the extent caused by the Owner’s proven negligence. 14. Termination and recovery 14.1 The Owner may terminate the hire immediately by notice if: (a) any sum is overdue; (b) the Hirer breaches this Agreement (including misuse, unsafe use, unauthorised movement or sub-hire); (c) the Hirer becomes insolvent or subject to an insolvency process; or (d) the Owner reasonably considers the Equipment is at risk. 14.2 On termination, the Hirer shall immediately cease use and make the Equipment available for collection/recovery and pay all Charges due. 14.3 The Owner may enter the Site (subject to applicable law and site rules) to recover the Equipment, and the Hirer shall provide all assistance required. The Hirer shall pay the Owner’s reasonable recovery costs. 15. Force majeure 15.1 The Owner is not liable for failure or delay caused by events beyond its reasonable control. 16. Notices 16.1 Notices may be given by email to the addresses stated in the Hire Order and are deemed received on the next Business Day. 17. Governing law and jurisdiction 17.1 This Agreement is governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction. SCHEDULE A – HIRE ORDER / EQUIPMENT SCHEDULE (template fields) A1 Owner: Gilbert Estates Limited. A2 Hirer: [Full legal name, company number, registered office]. A3 Site address: [ ]. Authorised location(s): [ ]. A4 Equipment: [Make/Model], [Serial/ID], [Accessories list]. A5 Hire start date/time: [ ]. Minimum hire period: [ ]. A6 Hire rate: £[ ] per [day/week]. Other Charges: [delivery/collection/call-out]. A7 Deposit: £[ ]. Replacement value(s): £[ ]. A8 Permitted use / limitations: [e.g. indoor only; max gradient; no tow on highway; no use in ATEX area]. A9 Applicable Annexes (tick): (a) Annex 1 (MEWP/Scissor Lift); (b) Annex 2 (Towable/Trailer); (c) Annex 3 (Welfare/Sanitation); (d) Annex 4 (Lifting/LOLER); (e) Annex 5 (Powered plant/fuel/battery). SCHEDULE B – CONDITION & HANDOVER CHECKLIST (summary) B1 Delivery/collection date/time: [ ]. B2 Photos taken: Yes/No (attach). B3 Hour meter / cycles: [ ]. Battery state / fuel: [ ]. B4 Accessories present (tick): keys [ ], charger [ ], leads [ ], steps [ ], manual [ ], safety devices [ ]. B5 Visible condition notes: [ ]. B6 Statutory status (where applicable): last thorough examination date [ ], certificate ref [ ]. B7 Hirer acknowledgement: Equipment received and pre-use checks explained / made available. SCHEDULE C – OPERATING & SITE RULES (generic) C1 No modification, disabling interlocks, or removal of labels/guards. C2 Operate only by competent Operators; comply with manufacturer instructions and applicable law (PUWER/LOLER). C3 Maintain safe ground conditions, exclusion zones, and traffic management where required. C4 Maintain security and key control; report incidents immediately. C5 No hazardous use (including explosive atmospheres) unless expressly authorised. ANNEX 1 – MEWP / SCISSOR LIFT (if applicable) Use only on suitable ground within rated slope/gradient; do not use on soft/voided ground. Do not exceed SWL/platform capacity; no unauthorised attachments or side loading. Do not override tilt alarms, wind limits, gates or safety interlocks. Maintain exclusion zone; do not elevate near live services unless isolated and controlled. Battery charging to be carried out safely using suitable supply; do not leave chargers exposed to weather. Emergency lowering procedures to be briefed; access to controls kept clear at all times. ANNEX 2 – TOWABLE / TRAILER (if applicable) Towing only by competent/licensed persons with suitable vehicle and rated hitch; comply with all road traffic rules. Pre-tow checks: hitch coupling, breakaway cable, lights, tyres, wheel nuts, load security. No movement from Site without Owner consent; secure against theft (hitch lock, wheel clamp if supplied). ANNEX 3 – WELFARE / SANITATION (if applicable) Waste handling and chemical toilet emptying to be by licensed contractor; comply with waste regulations. Hirer responsible for hygiene, consumables, and preventing contamination. Decontamination/valeting and waste removal are chargeable if not returned clean/empty. ANNEX 4 – LIFTING / LOLER (if applicable) Hirer responsible for lifting plan, appointed person, competent supervision and exclusion zones. Do not use lifting equipment/accessories without valid thorough examination where required. Any shock loading/overloading is prohibited and treated as damage/misuse. ANNEX 5 – POWERED PLANT / FUEL / BATTERY (if applicable) Fuel storage and refuelling to be safe and compliant; no refuelling near ignition sources. Use correct fuel/oils; misuse is Hirer liability. Fire precautions and spill controls to be maintained. CONSUMER PLANT & EQUIPMENT HIRE TERMS AND CONDITIONS (WEBSITE VERSION) Important: These Consumer Terms apply only where the Hirer is a consumer (an individual acting wholly or mainly outside their trade, business, craft or profession). If the hirer is a business, the B2B Terms apply. 1. Definitions and interpretation 1.1 In these terms: (a) We/Us/Owner means Gilbert Estates Limited. (b) You/Hirer means the consumer hiring the Equipment. (c) Equipment means the items described in your order/booking confirmation (including any accessories and documentation). (d) Hire Period means the period from the earlier of delivery to you (or collection by you) until the Equipment is returned to us and accepted following inspection. (e) Accepted Return means we have received the Equipment back and had a reasonable opportunity to inspect it. (f) Charges means hire charges and any other amounts payable under these Terms (for example delivery, cleaning, repairs, missing items). 1.2 If there is any conflict, your order/booking confirmation prevails over these Terms.
Plant and Equipment Hire (consumers) Important: These Consumer Terms apply only where the Hirer is a consumer (an individual acting wholly or mainly outside their trade, business, craft or profession). If the hirer is a business, the B2B Terms apply. 1. Definitions and interpretation 1.1 In these terms: (a) We/Us/Owner means Gilbert Estates Limited. (b) You/Hirer means the consumer hiring the Equipment. (c) Equipment means the items described in your order/booking confirmation (including any accessories and documentation). (d) Hire Period means the period from the earlier of delivery to you (or collection by you) until the Equipment is returned to us and accepted following inspection. (e) Accepted Return means we have received the Equipment back and had a reasonable opportunity to inspect it. (f) Charges means hire charges and any other amounts payable under these Terms (for example delivery, cleaning, repairs, missing items). 1.2 If there is any conflict, your order/booking confirmation prevails over these Terms. 2. Booking and formation 2.1 Your booking is accepted when we send you a written confirmation (including email) or when we provide the Equipment (whichever is earlier). 2.2 If you book online/at a distance or off-premises, the cancellation rights in clause 6 may apply. 3. Charges, payment and deposit 3.1 Prices and any deposit are set out in your booking confirmation. 3.2 Unless stated otherwise, Charges are payable in advance. 3.3 If a deposit is taken, we may use it to cover Charges, damage, missing items, cleaning or other amounts you owe. Any balance is refunded after Accepted Return and once all sums due are settled. 4. Delivery, collection and your responsibilities 4.1 Delivery/collection times are estimates; we are not responsible for delays outside our control. 4.2 You must provide safe access and suitable ground/space for delivery, siting and collection. 4.3 You must: (a) use the Equipment only for its intended purpose and in accordance with any instructions provided; (b) take reasonable care of the Equipment and keep it secure; (c) not modify or repair the Equipment or disable safety features; (d) tell us promptly if the Equipment is faulty, damaged, lost or stolen; and (e) return the Equipment clean, with all accessories, keys and documentation. 5. Faults, quality and your legal rights 5.1 We are responsible for supplying Equipment that is as described, fit for purpose and of satisfactory quality (taking account of age, condition and the hire context), in accordance with the Consumer Rights Act 2015. 5.2 If the Equipment is faulty or not as described, please contact us promptly. We will, as appropriate: (a) repair or replace the Equipment; or (b) provide a price reduction or refund for the affected hire period, in line with your legal rights and depending on the circumstances. 5.3 We are not responsible for faults or damage caused by misuse, failure to follow instructions, accidental damage, or external factors at your premises/site. 6. Cancellation rights (distance/off-premises contracts) 6.1 If you are a consumer and you booked at a distance (for example online/email/phone) or off-premises, you normally have a legal right to cancel within 14 days from the day after you receive the Equipment (or from contract conclusion for services). 6.2 Requesting early start: If you ask us to start the hire within the 14-day cancellation period, you agree that: (a) if you later cancel within the 14 days, you must pay for the hire provided up to cancellation (a proportionate amount); and (b) if the hire is fully performed within the cancellation period, you may lose your right to cancel (where the law allows). 6.3 To cancel, you must give us a clear statement (for example by email). You may use the model cancellation form in clause 6.8 but you do not have to. 6.4 If you cancel, you must make the Equipment available for return/collection and take reasonable care of it until it is returned. 6.5 Refunds: we will refund sums paid, less any proportionate amount due under clause 6.2 and any reasonable deductions permitted by law for loss in value due to handling beyond what is necessary to establish the nature, characteristics and functioning of the Equipment. 6.6 Where you collected the Equipment, you are responsible for returning it unless we agree otherwise. Where we delivered, we will arrange collection where required by law or as agreed. 6.7 If these cancellation rights do not apply (for example, you booked on-premises and not at a distance/off-premises), cancellation is governed by clause 7. 6.8 Model cancellation form (complete and send only if you wish to cancel): (a) To: Gilbert Estates Limited, [insert email/address] (b) I/We [name] hereby give notice that I/We cancel my/our contract for the hire of [Equipment description] (c) Ordered/received on: [date] (d) Name: [ ] (e) Address: [ ] (f) Signature (if sent by post): [ ] (g) Date: [ ] 7. Your cancellation outside statutory rights 7.1 If you cancel a booking where clause 6 does not apply, any refund is at our discretion unless your legal rights require otherwise. We may charge our reasonable costs already incurred and/or a cancellation fee stated in your booking confirmation. 8. Return, Accepted Return and end of hire 8.1 The hire ends only when the Equipment has been returned to us and Accepted Return has occurred. 8.2 If the Equipment is returned late, additional hire may be charged at the agreed rate (or a reasonable daily rate if not stated). 8.3 If the Equipment is returned dirty, contaminated or with waste, we may charge reasonable cleaning/decontamination/waste disposal costs. 9. Loss, theft and damage 9.1 You are responsible for loss, theft or damage during the Hire Period except to the extent caused by our failure to take reasonable care (for example during delivery/collection). 9.2 If the Equipment is lost, stolen or damaged, you must pay the reasonable costs of repair or (if beyond economic repair) the reasonable replacement cost, taking account of age/condition and any insurance recoveries. 10. Liability 10.1 We do not exclude or limit liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud, or breach of your statutory rights. 10.2 Subject to clause 10.1, we are not liable for losses that are not foreseeable or for losses caused by events outside our reasonable control. 10.3 We are not responsible for your own failure to use the Equipment safely or in line with instructions. 11. Privacy and communications 11.1 We may use your contact details to administer your booking and provide support. Any marketing communications will be in accordance with applicable law and your preferences. 12. Governing law 12.1 These Terms are governed by the law of England and Wales. If you live in Scotland or Northern Ireland, you may also benefit from mandatory local consumer protections. CONSUMER SCHEDULE A – BOOKING SUMMARY (template fields) A1 Equipment: [description, make/model/ID]. A2 Hire start: [date/time]. Hire end: [date/time]. A3 Price: £[ ]. Deposit (if any): £[ ]. Delivery/collection: £[ ]. A4 Instructions provided: [link/handed over]. A5 If you request an early start within 14 days: tick/confirm [ ]. CONSUMER SCHEDULE B – CONDITION & HANDOVER (summary) B1 Photos/condition notes at handover: [ ]. B2 Accessories: keys [ ], charger [ ], leads [ ], manual [ ]. B3 Return condition notes: [ ]. CONSUMER SCHEDULE C – SAFE USE SUMMARY C1 Use only as instructed; do not disable safety features; keep secure; stop use and contact us if a fault occurs.
Website Terms of Use 1. Introduction 1.1 This website is operated by Gilbert Estates Limited (“Company”, “we”, “us”, “our”). 1.2 These Terms of Use govern your access to and use of this website. 1.3 By accessing or using this website, you confirm that you accept these Terms of Use and agree to comply with them. 1.4 If you do not agree to these Terms of Use, you must not use this website. 2. Other Applicable Terms 2.1 These Terms of Use should be read together with: (a) our Privacy Policy; (b) our Cookie Policy; (c) any applicable Terms and Conditions of supply of Goods and Services. 2.2 In the event of any conflict, the specific terms governing the relevant transaction shall prevail. 3. Changes to These Terms 3.1 We may amend these Terms of Use at any time by updating this page. 3.2 Continued use of the website following any changes shall constitute acceptance of the updated Terms. 4. Changes to the Website 4.1 We may update, modify, suspend or withdraw the website or any part of it at any time without notice. 4.2 We do not guarantee that the website, or any content on it, will always be available or uninterrupted. 5. Use of the Website 5.1 You agree to use the website only for lawful purposes. 5.2 You must not: (a) misuse the website by knowingly introducing viruses, trojans, worms or other harmful material; (b) attempt to gain unauthorised access to the website, its server or any connected systems; (c) use the website in any way that breaches applicable law or regulation; (d) interfere with, damage or disrupt any part of the website. 5.3 We reserve the right to restrict or terminate your access if you breach these Terms. 6. Intellectual Property 6.1 All content on this website, including text, images, logos, designs and layout, is owned by or licensed to the Company and is protected by intellectual property laws. 6.2 You may: (a) view and display content for your personal use; (b) print or download extracts for non-commercial use. 6.3 You must not: (a) reproduce, distribute or exploit any content for commercial purposes without our prior written consent; (b) modify or alter any materials; (c) remove any copyright or proprietary notices. 7. Information on the Website 7.1 The content on this website is provided for general information only. 7.2 Whilst we make reasonable efforts to ensure accuracy, we make no representations, warranties or guarantees that the content is accurate, complete or up to date. 7.3 Any reliance placed on such information is strictly at your own risk. 8. Links to Third-Party Websites 8.1 This website may contain links to third-party websites. 8.2 Such links are provided for convenience only. 8.3 We have no control over the content of those websites and accept no responsibility for them. 9. Uploading Content 9.1 Where you upload or submit content to the website, you warrant that: (a) you have the right to do so; (b) the content is lawful and does not infringe any third-party rights. 9.2 You grant us a non-exclusive, royalty-free licence to use, reproduce and display such content for the purpose of operating the website. 9.3 We reserve the right to remove any content at our discretion. 10. Limitation of Liability 10.1 Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability which cannot be excluded by law. 10.2 To the fullest extent permitted by law, we exclude all implied conditions, warranties, representations or other terms which may apply to the website or any content on it. 10.3 We shall not be liable for: (a) any loss or damage arising from use of, or inability to use, the website; (b) any reliance placed on content displayed on the website; (c) any loss of profit, business, opportunity or indirect or consequential loss. 11. Viruses 11.1 We do not guarantee that the website will be secure or free from bugs or viruses. 11.2 You are responsible for configuring your information technology and security systems to access the website. 12. Linking to Our Website 12.1 You may link to our website provided that: (a) the link is fair and legal; (b) it does not damage our reputation or take advantage of it; (c) it does not suggest any form of association, approval or endorsement where none exists. 12.2 We reserve the right to withdraw linking permission without notice. 13. Governing Law and Jurisdiction 13.1 These Terms of Use are governed by the law of England and Wales. 13.2 The courts of England and Wales shall have exclusive jurisdiction, except that a consumer may bring proceedings in their local courts where required by law.
Policy Statements
Privacy Policy 1. Introduction 1.1 Gilbert Estates Limited (“Company”, “we”, “us”, “our”) is committed to protecting and respecting your privacy. 1.2 This Privacy Policy explains how we collect, use and protect personal data when you use our website or interact with us. 1.3 This policy is provided in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018. 2. Data We Collect 2.1 We may collect and process the following categories of personal data: (a) Identity Data (e.g. name); (b) Contact Data (e.g. email address, telephone number, postal address); (c) Transaction Data (details of products and services purchased); (d) Technical Data (IP address, browser type, device information); (e) Usage Data (how you use our website); (f) Marketing and Communications Data (preferences in receiving communications). 3. How We Collect Data 3.1 We collect data: (a) directly from you (e.g. when you submit enquiries or place orders); (b) automatically through your use of the website (via cookies and similar technologies); (c) from third parties where relevant (e.g. payment providers or analytics providers). 4. How We Use Your Data 4.1 We use your personal data to: (a) provide and manage our services; (b) process transactions; (c) respond to enquiries; (d) improve our website and services; (e) comply with legal obligations; (f) send marketing communications where permitted. 5. Lawful Basis for Processing 5.1 We process personal data on the following lawful bases: (a) performance of a contract; (b) compliance with a legal obligation; (c) legitimate interests (e.g. business administration, service improvement); (d) consent (where required, including for certain marketing activities). 6. Data Sharing 6.1 We may share your data with: (a) service providers (e.g. IT, hosting, payment processors); (b) professional advisers (e.g. legal, accounting); (c) regulatory authorities where required by law. 6.2 We require all third parties to respect the security of your data and to process it lawfully. 7. International Transfers 7.1 Where personal data is transferred outside the UK, we ensure appropriate safeguards are in place, such as: (a) adequacy decisions; or (b) standard contractual clauses. 8. Data Retention 8.1 We retain personal data only for as long as necessary to: (a) fulfil the purposes for which it was collected; (b) comply with legal obligations; (c) resolve disputes and enforce agreements. 9. Data Security 9.1 We implement appropriate technical and organisational measures to protect personal data against unauthorised access, loss or misuse. 10. Your Rights 10.1 Under data protection law, you have rights including: (a) access to your data; (b) correction of inaccurate data; (c) erasure of your data; (d) restriction of processing; (e) data portability; (f) objection to processing; (g) withdrawal of consent (where applicable). 10.2 You also have the right to lodge a complaint with the Information Commissioner's Office. 11. Cookies 11.1 Our website uses cookies. For further information, please see our Cookie Policy. 12. Contact 12.1 If you have any questions about this Privacy Policy or your data, please contact us via the contact details provided on our website. 13. Changes to This Policy 13.1 We may update this Privacy Policy from time to time. 13.2 The latest version will always be available on our website.
Cookie Policy 1. Introduction 1.1 This Cookie Policy explains how Gilbert Estates Limited uses cookies and similar technologies on its website. 2. What Are Cookies 2.1 Cookies are small text files placed on your device when you visit a website. 2.2 They are widely used to make websites work efficiently and to provide information to website owners. 3. Types of Cookies We Use 3.1 We may use the following categories of cookies: (a) Strictly Necessary Cookies – required for the operation of the website; (b) Performance Cookies – help us understand how visitors use the website; (c) Functionality Cookies – enable enhanced features and personalisation; (d) Targeting/Marketing Cookies – used to deliver relevant advertisements. 4. How We Use Cookies 4.1 We use cookies to: (a) ensure the website functions properly; (b) analyse usage and improve performance; (c) remember your preferences; (d) support marketing and analytics activities (where applicable). 5. Consent 5.1 We use a cookie consent mechanism to obtain your consent where required. 5.2 You may: (a) accept all cookies; (b) reject non-essential cookies; (c) manage your preferences at any time. 5.3 Strictly necessary cookies do not require consent. 6. Third-Party Cookies 6.1 Some cookies may be placed by third-party services, such as analytics providers. 6.2 These third parties may collect information about your online activities over time and across different websites. 7. Managing Cookies 7.1 You can control and manage cookies through your browser settings. 7.2 You can: (a) delete cookies; (b) block cookies; (c) set preferences for certain websites. 7.3 Disabling cookies may affect the functionality of the website. 8. Changes to This Policy 8.1 We may update this Cookie Policy from time to time. 8.2 The latest version will always be available on our website.
Website Acceptable Use Policy 1. Introduction 1.1 This Acceptable Use Policy (“Policy”) sets out the terms on which you may access and use the website operated by Gilbert Estates Limited (“Company”, “we”, “us”, “our”). 1.2 This Policy applies to all users of the website. 1.3 By using the website, you confirm that you accept this Policy and agree to comply with it. 2. Prohibited Use 2.1 You may use the website only for lawful purposes. 2.2 You must not use the website: (a) in any way that breaches any applicable law or regulation; (b) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (c) for the purpose of harming or attempting to harm others; (d) to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material. 3. Harmful or Interfering Conduct 3.1 You must not: (a) knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; (b) attempt to gain unauthorised access to the website, the server on which it is stored, or any server, computer or database connected to it; (c) attack the website via a denial-of-service attack or distributed denial-of-service attack; (d) interfere with, damage or disrupt any part of the website or equipment or network on which it is stored. 4. Content Standards 4.1 Any content you submit to the website must: (a) be accurate (where it states facts); (b) be genuinely held (where it states opinions); (c) comply with applicable law. 4.2 Content must not: (a) be defamatory, obscene, offensive or inflammatory; (b) infringe any intellectual property rights of any person; (c) breach any legal duty owed to a third party; (d) be likely to harass, upset, embarrass, alarm or annoy any person; (e) impersonate any person or misrepresent your identity or affiliation. 5. Breach of This Policy 5.1 We will determine, in our discretion, whether there has been a breach of this Policy. 5.2 Where a breach occurs, we may take such action as we deem appropriate, including: (a) immediate, temporary or permanent withdrawal of your right to use the website; (b) removal of any content uploaded by you; (c) legal proceedings; (d) disclosure of information to law enforcement authorities. 6. Reliance on Information 6.1 The website may contain information relating to property, construction, planning, development or technical matters. 6.2 Such information is subject to the Disclaimer published on this website and should not be relied upon without obtaining independent professional advice. 7. Changes to This Policy 7.1 We may revise this Policy at any time by amending this page.
Website Content Disclaimer 1. General Information 1.1 The content on this website is provided for general information purposes only. 1.2 It is not intended to constitute advice, including but not limited to: (a) legal advice; (b) planning advice; (c) construction or engineering advice; (d) architectural or design advice; (e) financial or investment advice. 1.3 You must obtain independent professional advice before relying on any content on this website. 2. No Reliance 2.1 Whilst reasonable efforts are made to ensure that the information on this website is accurate and up to date, no representations, warranties or guarantees (whether express or implied) are given as to: (a) accuracy; (b) completeness; (c) reliability; or (d) suitability for any particular purpose. 2.2 Any reliance you place on the content is strictly at your own risk. 3. Property and Development Information 3.1 Any descriptions, plans, drawings, images, specifications or details relating to: (a) properties; (b) developments; (c) layouts; (d) materials; (e) finishes; (f) planning status; are indicative only and subject to change without notice. 3.2 No statement on the website shall constitute a representation or form part of any contract unless expressly incorporated in a written agreement. 4. Planning and Regulatory Matters 4.1 References to planning permissions, building regulations, or other regulatory matters are provided for general guidance only. 4.2 Such matters are subject to change and interpretation by relevant authorities. 4.3 The Company makes no warranty that any proposed or described works: (a) have received approval; or (b) will receive approval. 5. Technical and Construction Content 5.1 Any technical information, specifications, or construction-related content is indicative only. 5.2 Site conditions, materials and methods may vary. 5.3 No reliance should be placed on such content for design, construction or compliance purposes. 6. Limitation of Liability 6.1 Nothing in this Disclaimer excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability which cannot be excluded by law. 6.2 Subject to clause 6.1, the Company shall not be liable for any loss or damage arising from: (a) reliance on information contained on this website; (b) use of or inability to use the website; (c) any errors or omissions in the content. 7. Third-Party Content 7.1 This website may include content provided by third parties. 7.2 The Company does not endorse and is not responsible for such content. 8. Forward-Looking Statements 8.1 Any statements regarding future plans, developments or outcomes are indicative only and subject to change. 8.2 No reliance should be placed on such statements. 9. Entire Agreement 9.1 This Disclaimer applies in addition to the Website Terms of Use and shall be read alongside them.