Terms and Conditions

Terms and Conditions

These terms and conditions apply to the Fresh Group and Fresh Group Ltd companies.

On this page ...
Sales Terms and Conditons (Business)
Sales Terms and Conditions (Consumer)
Short-Term Hire Terms and Conditions (for less then 12 months)
Long-Term Hire Terms and Conditions (for 12 months or more).
RHA (Road Haulage Association - Conditions of Carriage







Fresh Group and Fresh Group Products Limited - Sales Terms and Conditions (Business)

1. Unless otherwise agreed in writing signed by a director/business owner of the Sellers all goods or equipment or spare parts therefore (“the equipment”) supplied by Fresh Group, (“the Sellers”) are supplied on the following conditions to the exclusion of any terms and conditions stipulated by the Buyer.

Price and Payment
2. (a) The Sellers reserve the right to amend the contract price at any time up to delivery to take account of any variations in the prices charged by the Sellers’ suppliers or changes in the value of any relevant currency, new or increased taxes, duties or other imposts or variations in costs arising from new legislation or regulations.
(b) The Seller reserves the right to impose up to a 20% non refundable deposit with order, which will be offset against any Cancellation Charge that may be levied in the event of Cancellation of order outlined in Clause 12, unless otherwise agreed in writing from the Seller and such penalty will also apply to the deposit of any signed Finance Contract in force outlining its own Contractual Obligations.
(c) Balance of payment is due prior to delivery, unless otherwise agreed in writing with the Seller who reserves the right to charge interest on any monies not so paid at 3% per annum over the minimum lending rate applicable from time to time.
(d) Failure by the Buyer to effect punctual payment in the manner agreed shall entitle the Seller to refuse to make any further delivery under and/ or to cancel the contract concerned and all or any other contracts with the Buyer without prejudice to the Sellers’ rights to claim for equipment supplied and work done at the date of cancellation and for loss or injury occasioned thereby.

Delivery
3.. Please note that the buyer must be present to sign for your goods, deliveries will not be left without an authorised signature, a neighbour may sign for the goods but the seller must receive prior to the goods being delivered a written instruction from the buyer. Additional charges may apply if no one is available to sign and receive the goods; this is normally a re-delivery charge from the carrier which will be charged at cost. It is the responsibility of our customers to take out postage/delivery insurance cover, if you choose not to take out postal/delivery insurance; we will not accept responsibility for lost or damaged goods. All deliveries are subject to the RHA (Road Haulage Association) conditions of carriage. It is the purchasers responsibility to check goods prior to signing for them, goods must never be signed for unchecked and must allways be checked for damage before acceptance and signing for them, If damaged it must be documented on the delivery paperwork, either refused or accepted dependent on serverity of damage, a copy of the delivery note retained by the purchaser and reported to Fresh Group within 24 hours in writing with a copy of the delivery note stating the damage, then a claim will be made to the RHA conditions of carriage insurers, please note no claims will be accepted unless the above procedure is followed. Where at the time of the contract the Seller is not in possession of the equipment agreed to be sold or does not at that time own that equipment the Seller shall not be liable for any loss where delivery of the equipment is delayed, postponed or the contract is cancelled for any reason whatsoever.

Passing of Property and Risk
4. (a) Title to the property in the equipment shall pass to the Buyer when, and shall not pass to the Buyer until, the Sellers shall have been paid therefore in full.
(b) In the event of the Buyer becoming insolvent, having a Receiver appointed of the whole or any part of its property, compounding with his creditors or going into liquidation or in the event of payment for any goods being overdue, then and in any such event it shall be lawful for the Sellers, its servants, officers or representatives to enter upon the premises of the Buyer and recover possession of any equipment of the Sellers for which the Sellers shall not have been paid for and take away any such equipment.
(c) In the event of any equipment being sold or otherwise disposed of by the Buyer before the Seller shall have been paid for them in full, then the proceeds of the sale thereof shall to the extent required to pay the Seller in full for such equipment be trust monies held by the Buyer on behalf of the Sellers.
(d) In the event of certain equipment having been paid for by the Buyer and other equipment not having been so paid for, the onus of proof shall be on the Buyer to show that any equipment remaining in its possession is equipment for which it has paid.
(e) The risk in the equipment shall pass to the Buyer on delivery.

Force Majeure
5. The Sellers shall not be liable for any failure to observe, or breach of any of the terms hereof by reason of Acts of God, war, riots, civil commotion’s, strikes, lock-outs, trade disputes, fires, breakdowns, interruptions of transport, Government action, prohibition of import or export, delay in delivery by the Seller’ supplied or any other cause whatsoever beyond its control impending or interfering with the manufacture, use, delivery or carriage of the equipment.

Liability
6. Any equipment which is of defective manufacture or which fails to attain any expressly guaranteed performance figures (subject to any specified tolerances) will be replaced or rectified by the Sellers at the option of the Sellers and free of charge provided that: -
(a) Such defect or failure is notified to the Sellers in writing within 7 days after delivery, in case of new equipment.
(b) In respect of equipment not of the Sellers’ manufacture the Sellers’ responsibility shall be limited to any benefits they may receive under any guarantee given by the supplier of such equipment.
(c) In respect of equipment described as “second hand” or “reconditioned” or “used” the Sellers have in writing otherwise than by these Conditions agreed to grant a guarantee in the terms of this clause.

7. Any equipment in respect of which no notification is given to the Sellers under proviso (a) above shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for the same accordingly.

8. The Sellers’ liability in terms of Clause 7 hereof is in lieu and to the exclusion of all other warranties, conditions, or obligations imposed or implied by statute or otherwise in relation to the quality or description of the equipment or its fitness for any particular purpose, and all liabilities for any indirect or consequential loss (howsoever arising) is hereby expressly excluded, and the Buyer agreed that, in view of the warranty contained in Clause 7 hereof, such exclusion is fair and reasonable.

9. The Buyer acknowledges that no reliance has been placed upon any representation made but not embodied in these conditions of sale save only such representations (if any) as are notified in writing to the Sellers on or before any order is placed or quotation given.

Health and Safety at Work Act 1974
10. (a) For the purposes of s.6 (8) of the Health and Safety at Work etc, Act 1974 the Buyer hereby undertakes to ensure that equipment will be safe and without risks to health when properly used and in particular to examine the equipment to establish whether it is safe to use in the conditions in which it is delivered and (without prejudice to the generality of the foregoing) the Buyer undertakes not to use the equipment without first satisfying his public liability and/ or employer’s liability insurers or some other person (not being the Buyer or an employee of the Buyer) qualified and competent in such matters that the Load Chains, Brakes, Steering Systems, Tyres, Forks, and Hydraulics are safe and without risk to health when properly used and that the equipment satisfies all statutory requirements for the time being in force.
(b) Where the equipment sold by the Sellers is described as “second hand” or “reconditioned” the Sellers give no warranty or undertaking that the equipment complies with any statutory requirements for the time being in force and the Buyer undertakes to ensure that it so complies and hereby undertakes to indemnify and save harmless the Sellers against all or any claims of any nature whatsoever in respect of loss or injury arising from the sale of such equipment howsoever caused.
(c) The Buyer acknowledges that he has placed no reliance on any description, statement or representation made by the Sellers, their servants or agents.

Claims for Damage or Loss in Transit
11. No claims for damage in transit, shortage of delivery of loss of goods will be entertained unless, in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier concerned and to the Seller within Seven days of the receipt of goods, and in the case of loss of goods, notice in writing is given to the carrier concerned and to the Sellers within Seven days of the date of the invoice.

Cancellation
12. The Buyer shall not be entitled to cancel any order either written or verbal and in such case the Buyer shall indemnify the Sellers for any loss suffered by the Sellers and it is agreed that without prejudice to the foregoing loss shall be equal to at least 20% of the price payable by the Buyer, such sum being agreed by way of liquidated and ascertained damages.

Indulgence
13. No indulgence or forbearance extended to the Buyer shall limit or prejudice any right or claim available to the Sellers.

Proper Law
14. This contract shall be deemed to be made in England and shall be construed in all respects in accordance with English Law.

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Fresh Group and Fresh Group Products Limited - Sales Terms and Conditions (Consumer)

1. Unless otherwise agreed in writing signed by a director/business owner of the Sellers all goods or equipment or spare parts therefore (“the equipment”) supplied by Fresh Group, (“the Sellers”) are supplied on the following conditions to the exclusion of any terms and conditions stipulated by the Buyer.

Price and Payment
2. (a) Prices quoted would be held for 30 days , after that they could change.
(b) The Seller reserves the right to impose up to a 20% non refundable deposit with order, which will be offset against any cancellation charge that may be levied in the event of cancellation of order, unless otherwise agreed in writing from the Seller and such penalty will also apply to the deposit of any signed Finance Contract in force outlining its own Contractual Obligations.
(c) Balance of payment is due prior to delivery, unless otherwise agreed in writing with the Seller who reserves the right to charge interest on any monies not so paid at 3% per annum over the minimum lending rate applicable from time to time.
(d) Failure by the Buyer to effect punctual payment in the manner agreed shall entitle the Seller to refuse to make any further delivery under and/ or to cancel the contract concerned and all or any other contracts with the Buyer without prejudice to the Sellers’ rights to claim for equipment supplied and work done at the date of cancellation and for loss or injury occasioned thereby.

Delivery
3. . Please note that the buyer must be present to sign for your goods, deliveries will not be left without an authorised signature, a neighbour may sign for the goods but the seller must receive prior to the goods being delivered a written instruction from the buyer. Additional charges may apply if no one is available to sign and receive the goods; this is normally a re-delivery charge from the carrier which will be charged at cost. It is the responsibility of our customers to take out postage/delivery insurance cover, if you choose not to take out postal/delivery insurance; we will not accept responsibility for lost or damaged goods. All deliveries are subject to the RHA (Road Haulage Association) conditions of carriage. It is the purchasers responsibility to check goods prior to signing for them, goods must never be signed for unchecked and must allways be checked for damage before acceptance and signing for them, If damaged it must be documented on the delivery paperwork, either refused or accepted dependent on serverity of damage, a copy of the delivery note retained by the purchaser and reported to Fresh Group within 24 hours in writing with a copy of the delivery note stating the damage, then a claim will be made to the RHA conditions of carriage insurers, please note no claims will be accepted unless the above procedure is followed. Where at the time of the contract the Seller is not in possession of the equipment agreed to be sold or does not at that time own that equipment the Seller shall not be liable for any loss where delivery of the equipment is delayed, postponed or the contract is cancelled for any reason whatsoever.

Passing of Property and Risk
4. (a) Title to the property in the equipment shall pass to the Buyer when, and shall not pass to the Buyer until, the Sellers shall have been paid therefore in full.
(b) In the event of any equipment being sold or otherwise disposed of by the Buyer before the Seller shall have been paid for them in full, then the proceeds of the sale thereof shall to the extent required to pay the Seller in full for such equipment be trust monies held by the Buyer on behalf of the Sellers.
(c) The risk in the equipment shall pass to the Buyer on delivery, this does not affect your statutory rights

Force Majeure
5. The Sellers shall not be liable for any failure to observe, or breach of any of the terms hereof by reason of Acts of God, war, riots, civil commotion’s, strikes, lock-outs, trade disputes, fires, breakdowns, interruptions of transport, Government action, prohibition of import or export, delay in delivery by the Seller’ supplied or any other cause whatsoever beyond its control impending or interfering with the manufacture, use, delivery or carriage of the equipment.

Liability
6. The Buyer acknowledges that no reliance has been placed upon any representation made but not embodied in these conditions of sale save only such representations (if any) as are notified in writing to the Sellers on or before any order is placed or quotation given.

Health and Safety at Work Act 1974
7. (a) For the purposes of s.6 (8) of the Health and Safety at Work etc, Act 1974 the Buyer hereby undertakes to ensure that equipment will be safe and without risks to health when properly used and in particular to examine the equipment to establish whether it is safe to use in the conditions in which it is delivered and (without prejudice to the generality of the foregoing) the Buyer undertakes not to use the equipment without first satisfying his public liability and/ or employer’s liability insurers or some other person (not being the Buyer or an employee of the Buyer) qualified and competent in such matters that the Load Chains, Brakes, Steering Systems, Tyres, Forks, and Hydraulics are safe and without risk to health when properly used and that the equipment satisfies all statutory requirements for the time being in force.
(b) Where the equipment sold by the Sellers is described as “second hand” or “reconditioned” the Sellers give no warranty or undertaking that the equipment complies with any statutory requirements for the time being in force and the Buyer undertakes to ensure that it so complies and hereby undertakes to indemnify and save harmless the Sellers against all or any claims of any nature whatsoever in respect of loss or injury arising from the sale of such equipment howsoever caused.
(c) The Buyer acknowledges that he has placed no reliance on any description, statement or representation made by the Sellers, their servants or agents.

Claims for Damage, Incomplete/ Faulty Equipment or Loss in Transit
8.The buyer is responsible for checking at the point of delivery that the goods are complete and un-damaged, if either or both are applicable you must not accept the delivery, you must detail the necessary comments explaining the problem etc on the carriers delivery paperwork, both the buyer and delivery driver must sign and print their names, it must be dated and the time of delivery should be detailed, the delivery vehicle registration plate should also be noted on the paperwork, the buyer should retain a copy of this for their records and then inform the supplier of the matter enclosing a copy of the said paperwork by, either post or email. If a fault is found with the equipment within a reasonable time subsequent to delivery we will (subject to confirmation of the fault) offer to repair the equipment or a refund would be considered

Indulgence
9. No indulgence or forbearance extended to the Buyer shall limit or prejudice any right or claim available to the Sellers.

Proper Law
10. This contract shall be deemed to be made in England and shall be construed in all respects in accordance with English Law.

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Fresh Group and Fresh Group Products Limited - Short-Term Hire (less than 12 months) Terms and Conditions

(1) Obligations – Fresh Group
Fresh Group undertake to ensure the satisfactory performance of the Plant as follows:
(a) Carry out the required Servicing of the plant as per order acknowledgement or other agreement (if applicable)

(2) Obligations – Customer
To aid Fresh Group in keeping the Plant in sound working condition the Customer undertakes to:
(a) Make available to Fresh Group reasonable facilities and access to inspect or repair during Fresh Group normal business hours. Wherever possible, work shall be carried out at times to suit the Customer.
(b) To inform Fresh Group of all breakdowns and unsatisfactory working of any part of the Plant and damage as soon as possible and not to attempt repairs without Fresh Group’s authority.
(c) Carry out routine maintenance as follows:

(1) Battery maintenance in accordance with manufacturers recommendations. (if applicable)

(2) Keep:

(i) the hydraulic tank cooling system and engine sump filled to the correct levels. (if applicable)

(ii) The Plant reasonably clean.

(iii) The tyres inflated to correct pressure (if applicable).

(3) Lubrication.

(4) Puncture repairs (if applicable).

(5) Any further routine checks that Fresh Group may recommend.

(3) Liability for Damage, Injury or Loss
(a)

(i) Where any item of Plant is lost or damaged (other than by normal wear and tear) so as to be incapable of use but capable of a satisfactory repair the customer shall continue to pay the hire rates while the repairs are carried out. Repairs will be carried out by Fresh Group or such persons as they may appoint.

(ii) Where any item of Plant is damaged or lost (other than by normal wear and tear) so as to be incapable of repair, the Customer shall forthwith pay to Fresh Group a sum equivalent to the total hire rates which are or will be due as per our order acknowledgement/ agreement or the current retail value of the equipment whichever is the greater

(b) Liability is accepted by Fresh Group for damage to Plant in the process of being transported by Fresh Group to or from the Customer’s premises.
(c) Fresh Group accepts no liability under any circumstances for any loss of profit, production or business or any similar damage or loss, whether direct, indirect or consequential, howsoever caused.
(d) The Customer shall accept full responsibility for and shall indemnify Fresh Group against all risks in respect of the Plant including:

(i) Damage to or loss of property and injury to any person for any reason.

(ii) Damage to or loss of the Plant for any reason. In the case of loss of the Plant the Customer will pay Fresh Group the full replacement value of such Plant.

On the occurrence of any of the events referred to in (d), (a) (i) or (ii) above, Fresh Group shall be under no obligation to supply replacement Plant. Any replacement shall be supplied on a separate contract to be negotiated at the time.

(4) General
(a) The customer will not:

(i) Sell, pledge, mortgage, underlet or otherwise part with the possession of the Plant or any part of it.

(ii) Assign the benefit of this contract without Fresh Group’s written permission.

(b) The Plant remains Fresh Group’s property but shall at all times after delivery to the Customer’s premises (except where Fresh Group are servicing or repairing the Plant) be under the Customer’s control and operated by servants or agents of the Customer. The operator of the Plant shall at all times be the Customer’s servant or agent and shall not in any circumstances be the servant or agent of Fresh Group for any purposes whatsoever.
(c) Notwithstanding the minimum period of hire stated in the order acknowledgement/agreement the hire shall continue to the end of the period, if the equipment hired is extended beyond the original hire period then written notice is required to be given to terminate the agreement
(d) Neither Fresh Group nor manufacturer’s plates may be removed, altered, obliterated or mutilated.

(5) Delivery
(a) The Plant will be delivered to the Customer’s premises at the commencement of the hire and shall be collected on expiry. Fresh Group will make a charge for this service which will be payable in addition to the hire rate.
(b) Unless the Customer verbally notifies Fresh Group to the contrary within 24 hours, then in writing within a further 24 hours after the arrival of the Plant at the Customer’s site. It will be deemed to be delivered in good condition and to the satisfaction of the Customer.

(6) Site Changes
the Plant without prior written consent of Fresh Group may not be:
(a) Used on a public highway.
(b) Moved from the site to which it was delivered.

(7) Payment Methods
Payment shall be made by (a) Standing Order, (b) Against monthly invoice, or (c) Banker’s Order, (d) Credit or Debit card (commission charges may apply)
In cases where delivery takes place after the first day of the month, that proportion of the month when the Plant is on hire will be added to and payable with the first monthly hire charge instalment. Fresh Group reserves the right to charge interest at the rate of 4% per annum above “Barclays Bank” base rate on all accounts which are deemed overdue until final settlement.

(8) Termination of Contracts
(a) The Contract shall run for the number of days, weeks or months indicated on the order acknowledgement/agreement certain and shall be terminated at any time thereafter by either the Customer or Fresh Group having given the other party 48 hours prior notice in writing.
(b) If any payment of the hire rates shall be overdue for ten days (whether legally demanded or not) or if the Customer shall become bankrupt or die or shall enter into any composition with creditors or being a company shall have a receiver or a receiver or manager appointed or shall go into liquidation whether voluntary or compulsory (other than for the purpose of amalgamation or reconstruction) or if the Customer shall suffer any distress or process of execution to be levied on its goods or shall fail to observe any of the terms and conditions herein continued, Fresh Group can at any time re-take possession of the Plant (for which purpose the Customer hereby authorises Fresh Group to enter any premises in the occupation or under the control of the Customer) and terminate this Agreement but without prejudice to the rights of Fresh Group in respect of any breach of the terms and conditions of this Contract or to any arrears of hire charges accrued before re-possession.

(9) Concessions
Any time or other indulgence granted by Fresh Group shall in no way affect the strict rights of Fresh Group under this Contract.

(10) Jurisdiction
With the exception of the proviso hereunder this Contract will be governed by the Laws of England and any disputes which may arise out of or in connection with this Contract shall be decided by the English Courts. On the proviso that where the Customer is trading solely in Scotland and has failed to pay the hire charges or surcharge in accordance with this Agreement, Fresh Group reserves the right to pursue its claim for such charges or surcharges under Scottish Law and in the Scottish Courts.

(11) Force Majeure
Although Fresh Group shall make every reasonable effort to discharge its obligations under this contract in a prompt and efficient way, it does not accept responsibility for delay or failure which may be caused by circumstances, beyond its immediate control. If such a circumstance should occur Fresh Group shall discharge its obligations as soon as such circumstances have ceased to affect its operation.

(12) Regional Development / Government Grants
In cases where the rate for the Contract has been related to any Grant to the Customer’s advantage and the Customer infringes any of the conditions of such a Grant so as to make a Grant or any part thereof repayable the Customer undertakes to inform Fresh Group within the period of two months of any such change occurring and Fresh Group shall reserve the right to recover, by a lump sum or instalments at the discretion of Fresh Group, the difference between the rate applied and the rate which would have been applied if the Grant had not been taken into consideration.

(13) Validity
This Contract will not be effective unless and until an order acknowledgement/agreement has been signed by the hirer/customer.

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Fresh Group and Fresh Group Products Limited - Long-Term Hire (12 months or longer) Terms and Conditions

(1) Obligations – Fresh Group
Fresh Group undertake to ensure the satisfactory performance of the Plant as follows:
(a) Repair or replace any item of Plant failing under normal use.
(b) Carry out the required Servicing of the plant

(2) Obligations – Customer
To aid Fresh Group in keeping the Plant in sound working condition the Customer undertakes to:
(a) Make available to Fresh Group or such persons as they may appoint reasonable facilities and access to inspect repair or replace the Plant during Fresh Group normal business hours. Wherever possible, work shall be carried out at times to suit the Customer.
(b) Inform Fresh Group of all breakdowns and unsatisfactory working of any part of the Plant and damage as soon as possible and not to attempt repairs without Fresh Group authority.
(c) Carry out routine maintenance as follows:

(1) Battery maintenance in accordance with Fresh Group specific recommendations. (If applicable)

(2) Keep:

(i) the hydraulic tank cooling system and engine sump filled to the correct levels. (If applicable)

(ii) The Plant reasonable clean.

(iii) The tyres inflated to correct pressure (If applicable).

(3) General lubrication.

(4) Carry out puncture repairs when required

(5) Any further routine checks that Fresh Group may recommend.

(3) Liability for Damage, Injury or Loss.
(a)

(i) Where any item of Plant is lost or damaged (other than by normal wear and tear) so as to be incapable of use but capable of a satisfactory repair the Customer shall continue to pay the hire rates while the repairs are carried out, customer to pay costs for these repairs in addition to the hire rates. Repairs will be carried out by Fresh Group or such persons as they may appoint.

(ii) Where any item of Plant is damaged or lost (other than by normal wear and tear) so as to be incapable of repair the Customer shall forthwith pay to Fresh Group a sun equivalent to the total hire rates which are or will be due under the Contract less the value of the damaged Plant and less an allowance to be determined by Fresh Group in respect of maintenance cost not incurred and accelerated payment of hire rates, if this value does not meet or exceed the equipment replacement cost then the customer is liable to pay this amount

(b) Liability is accepted by Fresh Group for:

(i) Damage to Plant in the process of being transported by Fresh Group to or from the Customer’s premises.

(ii) Personal injury or death caused by the negligence of Fresh Group, its servants or agents.

(iii) Other loss or damage subject to (c) and (d) below, caused by the negligence of Fresh Group, its servants or agents in which case liability is limited to £1,000,000 for any one incident.

(c) Fresh Group accepts no liability under any circumstances for any loss of profit, production or business or any similar damage or loss, whether direct, indirect or consequential, howsoever caused.
(d) The Customer shall accept full responsibility for and shall indemnify Fresh Group against all risks other than those listed in (b) in respect of the Plant including:

(i) Damage to or loss of property and injury to any person for any reason.

(ii) Damage to or loss of the Plant for any reason. In the case of loss of the Plant the Customer will pay Fresh Group the full replacement value of such Plant.

The Customer shall insure to a minimum of £1,000,000 the above risks with a reputable insurance company, shall ensure that the policy is noted with Fresh Group interest in the Plant, and shall produce the policy with the most recent premium receipt to Fresh Group on request.
On the occurrence of any of the events referred to in (d), (a) (i) or (ii) above, Fresh Group shall be under no obligation to supply replacement Plant. Any replacement shall be supplied on a separate contract to be negotiated at the time.

(4) General
(a) The customer will not:

(i) sell, pledge, mortgage, underlet or otherwise part with the possession of the Plant or any part of it.

(ii) Assign the benefit of this contract without Fresh Group written permission.

(b) The Plant remains Fresh Group property but shall at all times after delivery to the Customer’s premises (except where Fresh Group are servicing or repairing the Plant) be under the Customer’s control and operated by servants or agents of the Customer. The operator of the Plant shall at all times be the Customer’s servant or agent and shall not in any circumstances be the servant or agent of Fresh Group for any purposes whatsoever.
(c) Notwithstanding the minimum period of hire stated overleaf the hire shall continue to the end of, the period of six months notice required to be given to terminate the Contract.
(d) Neither Fresh Group nor manufacturer’s plates may be removed, altered, obliterated or mutilated.

(5) Delivery
(a) The Plant will be delivered to the Customer’s premises at the commencement of the hire and shall be collected on expiry. Fresh Group will make a charge for this service which will be payable in addition to the hire rate.
(b) Unless the Customer notifies Fresh Group to the contrary within 24 hours after the arrival of the Plant at the Customer’s site. It will be deemed to be delivered in good condition and to the satisfaction of the Customer.

(7) Site Changes
the Plant without prior written consent of Fresh Group may not be:
(a) Used on a public highway.
(b) Moved from the site to which it was delivered.

(8) Payment Methods
Payment shall be made by (a) Standing Order/Direct Debit 1 calender month in advance unless Fresh Group agree in writing an alternative payment method
In cases where delivery takes place after the first day of the month, that proportion of the month when the Plant is on hire will be added to and payable with the first monthly hire charge instalment. Fresh Group reserves the right to charge interest at the rate of 4% per annum above “Barclays Bank” base rate on all accounts which are deemed overdue until final settlement.

(9) Termination of Contracts
(a) The Contract shall run for the number of years/months indicated on the order acknowledgement or purchase order instruction and can be terminated at any time thereafter by either the Customer or Fresh Group Having given the other party six months prior notice in writing.
(b) The contract will continue to run after the initial term until either party gives notice of termination
(c) If any payment of the hire rates shall be overdue for ten days (whether legally demanded or not) or if the Customer shall become bankrupt or die or shall enter into any composition with creditors or being a company shall have a receiver or a receiver or manger appointed or shall go into liquidation whether voluntary or compulsory (other than for the purpose of amalgamation or reconstruction) or if the Customer shall suffer any distress or process of execution to be levied on its goods or shall fail to observe any of the terms and conditions herein continued, Fresh Group Can at any time re-take possession of the Plant (for which purpose the Customer hereby authorises Fresh Group To enter any premises in the occupation or under the control of the Customer) and terminate this Agreement but without prejudice to the rights of Fresh Group In respect of any breach of the terms and conditions of this Contract or to any arrears of hire charges accrued before re-possession.

(10) Concessions
Any time or other indulgence granted by Fresh Group shall in no way affect the strict rights of Fresh Group under this Contract.

(11) Jurisdiction
With the exception of the proviso hereunder this Contract will be governed by the Laws of England and any disputes which may arise out of or in connection with this Contract shall be decided by the English Courts. On the proviso that where the Customer is trading solely in Scotland and has failed to pay the hire charges or surcharge in accordance with this Agreement, Fresh Group reserves the right to pursue its claim for such charges or surcharges under Scottish Law and in the Scottish Courts.

(12) Force Majeure
Although Fresh Group shall make every reasonable effort to discharge its obligations under this contract in a prompt and efficient way, it does not accept responsibility for delay or failure which may be caused by circumstances, beyond its immediate control. If such a circumstance should occur Fresh Group shall discharge its obligations as soon as such circumstances have ceased to affect its operation.

(13) Regional Development / Government Grants
In cases where the rate for the Contract has been related to any Grant to the Customer’s advantage and the Customer infringes any of the conditions of such a Grant so as to make a Grant or any part thereof repayable the Customer undertakes to inform Fresh Group within the period of two months of any such change occurring and Fresh Group shall reserve the right to recover, by a lump sum or instalments at the discretion of Fresh Group, the difference between the rate applied and the rate which would have been applied if the Grant had not been taken into consideration.

(14) Validity
This Contract will not be effective unless and until it has been signed by both the owner and the hirer/customer.

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