William Shipping
Terms and Conditions

Terms and conditions

STANDARD HIRE TERMS AND CONDITIONS

1 General

1.1 Unless otherwise agreed in writing these conditions ("Conditions") apply exclusively to each transaction ("Contract") for the hire by Willbox Ltd ("Willbox Ltd") to the Hirer of containers and ancillary equipment ("Equipment").

1.2 Legal title to the Equipment shall not pass at any time to the Hirer.

2 Hire Price

2.1 The Hirer shall pay to Willbox Ltd the Hire Price for the Equipment payable within 14 days of the relevant invoice date. The time for payment of the Hire Price shall be of the essence;

2.2 Unless otherwise agreed in writing Willbox Ltd may by giving prior written notice to the Hirer on or prior to any anniversary of the date of the Contract ("Commencement Date") increase with effect from such anniversary the Hire Price by one percent, for each one percent increase in the Index of Retail Prices (or such other similar index should the Index of Retail Prices be abolished) published from time to time ("the Index") above the figure shown in the Index published immediately before the Commencement Date. No fall in the Index shall be similarly taken account of; and

2.3 Unless otherwise agreed in writing Willbox Ltd may from time to time during the Hire Period under each Contract increase the Hire Price by giving written notice to the Hirer ("Price Notice") who shall be bound to pay such increased Hire Price from the date specified in the Price Notice unless the Hirer exercises its right to terminate the Contract by giving written notice to Willbox Ltd within fourteen days of receipt of the Price Notice.

2.4 The Hirer shall pay to Willbox Ltd interest at a rate of four per cent per annum above the base rate of National Westminster Bank plc on all sums which from time to time may become due from the Hirer to Willbox Ltd hereunder and for the time being unpaid, such interest to be calculated from the due date until payment.

3 Warranty

3.1 Willbox Ltd Equipment shall be of satisfactory quality at the time it is issued to the Hirer however this does not release the Hirer from his obligations under clause 3.2 to examine the Equipment.

3.2 The Hirer's acceptance of delivery of the Equipment shall be conclusive evidence that the Hirer has examined the Equipment and found it to be complete in good order and condition, fit for any purpose for which it may be required by the Hirer and in every way satisfactory save only in respect of those items which are agreed between the parties hereto not to be in such satisfactory condition (if any) as listed under the heading Exceptions.

4 Limitation of Liability

4.1 Any loss or damage suffered by the Hirer due to the breakdown or stoppage of the Equipment;

4.2 Any delay in delivery of the Equipment.

4.3 Willbox Ltd will repair or replace at its sole discretion any Equipment found to be defective at the time it is issued to the Hirer and subject to clause 4.6 this shall be the Hirer's exclusive remedy and Willbox Ltd sole liability under the Contract. The Hirer or its representatives shall notify Willbox Ltd immediately by fax or telephone of any breakdown or the unsatisfactory working of any part or parts (including tyres) of the Equipment.

4.4 Except as provided in clause 4.6, Willbox Ltd is not liable to the Hirer because of any representation (unless fraudulent), or any warranty (express or implied), condition or other term, or any duty at common law, or under the express terms of the Contract, for:

4.4.1 any loss of profit, business, contracts, opportunity, goodwill, revenues, anticipated savings, expenses, costs or similar loss; and/or

4.4.2 any indirect, special or consequential loss or damage (for loss of profit or otherwise); whether caused by the negligence, breach of contract, tort, breach of statutory duty of Willbox Ltd, its employees or agents or otherwise arising out of or in connection with the Contract.

4.5 Except as provided in clause 4.6, Willbox Ltd' total liability for any claim that the Hirer may have against Willbox Ltd for any loss, expense, damage to property, injury or death arising directly or indirectly from any defect in the Equipment while on hire to the Hirer or otherwise in the Hirer's possession shall not exceed such amount as is equal to the aggregate sums received from the Hirer during the period of twelve months prior to the date of the breach under the Contract.

4.6 Despite the Conditions set out above, no Condition will exclude or restrict the liability of Willbox Ltd for breach of the statutory warranty as to quiet possession in respect of any Equipment supplied during the Hire Period. Nothing in these Conditions will operate or be construed to operate so as to exclude or restrict the liability of Willbox Ltd for death or personal injury caused by the negligence of Willbox Ltd.

4.7 Willbox Ltd has no liability under the warranty given in clause 3.1 unless the due Hire Price for the Equipment has been received by Willbox Ltd in full.

5 Indemnity

5.1 The Hirer shall indemnify Willbox Ltd on demand for all losses, damages, costs, charges and expenses suffered by Willbox Ltd:

5.1.1 to the extent that any manufacturer warranties in respect of the Equipment are unenforceable by Willbox Ltd as a result of the Hirer's acts or omissions;

5.1.2 in respect of damage to the Equipment not recoverable under any claim under the policy of insurance referred to in clause 7;

5.1.3 in respect of any third party claims in respect of property damage or personal injury (including death) occurring as a result of the Hirer's negligence or as a result of any act or omission of the Hirer;

5.1.4 by reason of any breach of the Contract by the Hirer;

5.1.5 in preparing or attempting to exercise any of Willbox Ltd rights under these Conditions and in ascertaining the whereabouts of the Equipment and/or the Hirer.

5.2 The Hirer shall be solely responsible for and shall indemnify Willbox Ltd in respect of all loss and damage howsoever caused to the Equipment whether or not such loss or damage howsoever caused to the Equipment results from the negligence of or the breach of these Conditions by the Hirer or its agents or representatives and the Hirer shall indemnify Willbox Ltd against all actions costs claims demands and proceedings in respect of all injury loss damage or expenses sustained or incurred by the use or storage of the Equipment (whether or not the Hirer is negligent in such use or storage and notwithstanding that the damage occurs due to site conditions including, without limitation uneven ground, regardless of whether William Cabins may have installed the Equipment) including all claims for taxes, fines customs duties or levies incurred by the Hirer during the Hire Period or until repossession of the Equipment by Willbox Ltd. The Hirer shall reimburse Willbox Ltd all costs and expenses incurred in repossessing or recovering the Equipment and restoring it to Willbox Ltd' premises. The Hirer shall in the event of the Equipment being damaged beyond repair, lost, stolen, seized or confiscated, notify Willbox Ltd immediately and shall continue to pay the Hire Price until:

5.2.1 the equipment is returned to Willbox Ltd' premises in a useable condition;

5.2.2 Willbox Ltd recover all monies in respect of loss or damage to include the Hire Price until full settlement is received. The settlement value shall be based on the full replacement value of the Equipment as specified or as may be specified from time to time by Willbox Ltd to the Hirer.

6 Equipment

6.1 The Hirer shall not during the Hire Period:

6.1.1 without the written authority of Willbox Ltd permit the Equipment to be taken from the United Kingdom;

6.1.2 sell, assign mortgage, pledge underlet, let on hire or dispose of or part with possession of the Equipment or any part thereof or assign or charge the benefit of any Contract or attempt to do any of these things or submit to the creation of a lien over the Equipment or permit such circumstances to arise as a result in the seizing of the Equipment or its being taken out of the control or possession of the Hirer under any distress execution or other legal process. In such events or events the Hirer shall indemnify Willbox Ltd against all those losses, actions, costs, charges, damages and expenses incurred by reason or in respect thereof;

6.1.3 make any modification to the manufacturer's design and specification of the Equipment without the previous written authority of Willbox Ltd;

6.1.4 use or permit the Equipment to be used in contravention of any applicable law.

6.2 The Hirer shall during rental:

6.2.1 be fully responsible for maintaining the Equipment in good condition and for any loss of the Equipment or damage thereto howsoever occasioned (fair wear and tear only excepted) and shall give immediate notice to Willbox Ltd in writing of any such loss or damage to the Equipment;

6.2.2 take all necessary steps to ensure that the Equipment does not become contaminated or rendered unusable for any reason including, but not limited to, by toxic, radioactive or any other dangerous substance, pest or chemical. If any Equipment becomes contaminated or is rendered unusable, the Hirer shall notify Willbox Ltd immediately;

6.2.3 permit Willbox Ltd or its authorised representatives at all reasonable times to inspect and test the condition of the Equipment or carry out any repairs or adjustments thereto;

6.2.4 punctually pay or cause to be paid all taxes, licence duties, fees and registration charges and all other charges due to third parties payable in respect of the Equipment and if any such liability shall be discharged by Willbox Ltd the Hirer shall repay the same to Willbox Ltd on demand.

6.3 If relevant documents are not returned to Willbox Ltd with the Equipment the Equipment will be deemed to remain on hire until they are returned or replacements obtained.

7 Insurance

7.1 The Hirer shall:

7.1.1 keep the Equipment insured to full replacement value throughout the Hire Period with a reputable British Insurer such insurance cover being in respect of all risks of loss or damage howsoever caused (including marine cover on all ferry services and all liabilities to third parties). The Hirer shall be liable for any excess or other charges payable under such insurance cover;

7.1.2 notify the Insurers of Willbox Ltd' interest in the Equipment and shall ensure that the Insurers endorse a note of such interest on the policy of insurance and shall irrevocably appoint Willbox Ltd as its agent for the purpose of receiving monies in the event of claims for loss or damage, and shall as a precondition of the hiring of the Equipment and thereafter on demand show to Willbox Ltd the policy of insurance, the premium receipts and Insurance Certificate;

7.1.3 not use or allow the Equipment to be used for any purpose not permitted nor covered by the terms and conditions of the policy of insurance or do or allow to be done any act or thing whereby the insurance may be invalidated; duly pay all premiums in respect of the insurance policy and shall indemnify Willbox Ltd in respect of any premiums paid by William Cabins in the event the Hirer defaults in regard to payment of any such premiums.

7.2 Willbox Ltd may at its discretion require that the Equipment be covered in respect of the aforesaid risks by any insurance policy which it may have effected and if it shall so require in the course of renting it shall give one month's notice to the Hirer from the end of which period the Hirer shall pay the additional rental (if any) specified in the notice for the remaining period of renting.

8 Termination

8.1 If the Hirer shall fail to pay on the due date any instalment or sum due by way of hire or fail to observe or perform any of the other terms and conditions of these Conditions or if the Hirer shall abandon the Equipment or if any distress execution or other legal process shall be levied or threatened on the Equipment or any part thereof or if the Hirer shall permit any judgement against him/it or remain unsatisfied for seven days or do or allow to be done any thing or act which may jeopardise Willbox Ltd' rights in the Equipment or any part thereof, or being an individual, the Hirer shall die or have a receiving order made against him or commit any act of bankruptcy or compound with or negotiate for any composition with his creditors or, being a company, the Hirer shall call any meeting of its creditors or enter into any liquidation or have a receiver of all or any of its assets appointed, then in each and every such case Willbox Ltd may (but without prejudice to any other rights hereund er) forthwith by notice in writing sent to the Hirer immediately terminate the hire under this Agreement, whereupon the Hirer shall no longer be in possession of the Equipment with Willbox Ltd' consent.

8.2 The Hirer may terminate the hire of the Equipment under each Contract by giving to Willbox Ltd the period of written notice specified. Without prejudice to clause 8.1 Willbox Ltd may terminate this Agreement by giving to the Hirer 4 weeks notice in writing or by giving of such other period of notice as may be agreed between the parties hereto and the Hirer will then be required to return the Equipment to Willbox Ltd' premises.

8.3 In the event that Willbox Ltd does terminate this Agreement as provided in clause 8.1 above or if the hiring under these Conditions is terminated by the Hirer (otherwise than as a result of a notification under clause 2.3 hereof an increase in rent) before the end of the Minimum Hire Period specified the Hirer shall pay to Willbox Ltd within 28 days after the termination of the Agreement:

8.3.1 all arrears of sums due under clause 2 above and all interest thereon payable under clause 2.4 above; and

8.3.2 as agreed compensation for loss of profit the aggregate of all sums payable under clause 2 above less the total of:

(a) the sums paid and sums due to the date of termination under clause 2 above; and

(b) a discount of 5 percent per annum on each sum within clause 2 which would but for the termination have become payable at some subsequent date, calculated over the period between the date of termination and that subsequent date on the aforesaid assumption.

8.4 In the event that Willbox Ltd does not terminate the Agreement as provided by clause 8.1 above in circumstances which would allow him so to terminate this Agreement all sums thereafter payable under clause 8.1 above shall continue to be payable pursuant to this Agreement save that no relaxation forbearance delay or indulgence by Willbox Ltd in enforcing any of the terms of this Agreement nor the granting of time to the Hirer to rectify a breach of clause 8.1 shall prejudice affect or restrict the rights and powers of Willbox Ltd hereunder nor shall any waiver of any breach hereof operate as a waiver of any subsequent or continuing breach hereof.

8.5 On the termination of any Contract howsoever occasioned the Hirer shall forthwith return at the Hirer's expense and risk the Equipment and all documents appertaining thereto to Willbox Ltd at such address as Willbox Ltd may direct.

8.6 If the Hirer fails to return the Equipment within seven days after the termination of the Contract the Equipment shall be deemed to remain on hire at the current Hire Price until it is returned to Willbox Ltd and where the context admits unless the Hirer is already so liable he/it shall become liable to pay the early termination charges specified in clause 8.3 above.

8.7 Save in respect of the Exceptions specified the Equipment shall be in the same good working condition (fair wear and tear excepted) at its return as it was at the Commencement Date and if on termination the Equipment is found to be damaged or has not been maintained in accordance with these Conditions then the Equipment shall be deemed to be retained on hire until such time as Willbox Ltd has been able to restore the Equipment to its condition immediately prior to the Hire Period.

8.8 The Hirer shall be responsible for and reimburse Willbox Ltd with the full costs of all repairs required to render the Equipment in the same good working condition (fair wear and tear excepted) as it was at the Commencement Date save that where such repairs are not completed within a period of 3 months from the date of termination the cost hereunder shall be deemed to be the cost as estimated by a dealer or valuer appointed for the purpose by Willbox Ltd.

8.9 Without prejudice to the foregoing or to Willbox Ltd' claim for any arrears of the Hire Price or damages for any breach of the Contract or any rights hereunder Willbox Ltd may at any time after termination of the renting under this Agreement without notice retake possession of the Equipment and such documents as aforesaid and for such purpose enter upon any premises belonging to or in the occupation or control of the Hirer and the Hirer shall be responsible for all costs, charges and expenses incurred by Willbox Ltd in retaking possession of the Equipment and such documents as aforesaid.

9 Authority

9.1 Any supplier, dealer or other person not in the actual employ of Willbox Ltd by or through whom this transaction may have been introduced negotiated or conducted is not the agent of Willbox Ltd and has no authority to act as agent of Willbox Ltd who shall under no circumstances whatsoever be held liable for any statement warranty or representation made by such supplier dealer or other person.

10 Notices

10.1 Any notice to be given by either party to the other may be sent by first class post to the address of the other party appearing herein or such other address as such party may from time to time have communicated to the other in accordance with this Condition and if so sent shall be deemed to be served on the day following the date of posting. Such communication shall be posted within 48 hours after the event to which it relates. In proving service it shall be sufficient to show that the letter containing the notice was properly addressed stamped and posted by first class mail.

11 Definitions and interpretation

11.1 The defined term "Equipment" shall include fittings and all additions and renewals made to the Equipment during the Hire Period under any Contract.

11.2 All words in the singular shall where the context so admits be deemed to have also the plural meaning and vice versa.

11.3 Where there are two or more persons party to the Agreement as Hirers their liabilities hereunder shall be joint and several.

11.4 The Hire Period shall commence from the time the Equipment leaves Williams Cabin's depot or place where last employed and continue until the plant is received back at Williams Cabin's named depot or other agreed location.

12 Entire Agreement

12.1 These Conditions contains the entire agreement between the parties pertaining to the hire of the Equipment specified and no agreements, representation, understandings or undertakings not contained in the Conditions shall be binding upon either Willbox Ltd or the Hirer unless reduced to writing and signed by them. The terms and conditions set out in these Conditions may hereafter be modified varied or supplemented only by an instrument in writing signed by the parties hereto.

13 Force Majeure

13.1 Willbox Ltd is not liable to the Hirer for any failure or delay in performance of its obligations under any Contract due to the occurrence of any event beyond the reasonable control of Willbox Ltd (including, without limitation, strikes or lockouts of Willbox Ltd's employees), which directly causes Willbox Ltd to be unable to comply with all or a material part of its obligations under these Conditions where that event does not arise from the act, omission or negligence of Willbox Ltd.

14 Assignment

14.1 Willbox Ltd shall at its own discretion be at liberty without giving prior notice to the Hirer to assign the hire under this Agreement to any third party.

15 Law and Jurisdiction

15.1 This Agreement shall be governed by and construed in accordance with the laws of England. The English courts shall have exclusive jurisdiction in respect of any dispute arising under these Conditions.

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