Term & Conditions
Thank you for visiting our website. Set out below are the terms on which you agree to visit and use this site.
1. Although we take great care to check the accuracy of the information produced on this website, unless expressly stated otherwise, no warranty is given as to its accuracy or completeness. In particular, we cannot guarantee that items advertised for hire or sale on this website will still be available (or that those who have made requests for equipment will still want such equipment). All users agree that all access and use of this site and the content thereof is at their own risk and neither MMC (Thailand) nor any party involved in creating, producing or delivering this site shall be liable for any loss, or damage of whatever nature arising in any way out of the access to, use, or inability to use this site, or from any error or omission in the information contained in the site.
2. Any links to other websites provided by this site have been included for convenience only and MMC (Thailand) accept no responsibility nor liability for the contents of any linked website. Inclusion of any link does not imply endorsement by MMC (Thailand) of any linked website or its provider.
3. Copyright and the content of this site belong to MMC (Thailand). Nothing on this site should be considered to grant any license or any right under any copyright, patent, trademark or other intellectual property right of MMC (Thailand) or any third party.
5. You recognize and agree that we reserve the right not to hire or sell the Equipment to any person whether we are hiring or selling on behalf of any independent seller or otherwise.
6. Whilst we will use our reasonable efforts to make our website available for access via the Internet, we provide no warranties as to availability and shall not be liable for any lack of availability.
7. Except as specifically provided, we shall not be liable to you whether in contract, tort (including negligence) or otherwise howsoever for any loss, claims or damages which you suffer in connection with your use of our website or otherwise in connection with our arrangement of any hire or purchase of Equipment you may make. However, nothing in these terms and conditions, limits or otherwise in connection with these terms, our liability for death or personal injury caused by our negligence to the extent that the same is prohibited by law. To the extent that we are otherwise liable to you whether in contract, tort (including negligence) or otherwise, our liability is limited to an amount equal to the Purchase Price (for purchased items) or weekly hire price (for hired items) and in no event shall we be liable in respect of any loss of profit, contract, goodwill, revenue or any indirect, special or consequential loss or damage. We shall not be liable for any loss or damage caused to or suffered by you by reason of any circumstances outside our control.
8. These terms and conditions are governed by English law and by agreeing to be bound by them you agree to submit to the exclusive jurisdiction of the English Courts. These terms together with the Terms of Sale constitute all terms relating to the subject matter covered.
Conditions specific to the Hiring of Equipment
1. DEFINITIONS AND LAW
The Contract is the document or documents that set out these Conditions and all other details about your agreement with us. "We" and "Us" mean the supplier of the hired equipment. "You" means the person, firm, company, corporation, or public authority or body to whom we supply Equipment on hire. "Equipment" means the hire items referred to in the Contract. These Conditions exclude any terms and conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing. These conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or any statutory modification of that Act. The Contract will be governed by and interpreted in accordance with English Law.
2. BASIS OF CHARGING
You will pay the hire charges stated in the Contract. Hire charges will begin at the time stated in the Contract and will continue during the period of hire until we have given you a collection or off-hire number, or until you have restored the Equipment to us in a clean and serviceable condition and we have given you a receipt for it. All time is chargeable including Saturdays, Sundays and Bank Holidays. All charges are payable on demand. If payment is not made when due, we will be entitled to interest on the amount that is overdue at four percent above the prevailing base rate of Lloyds Bank Plc calculated on a daily basis. This will be without prejudice to any other rights or remedies we may have. You will also pay to us any charges we reasonably incur in the recovery from you of money or Equipment.
3. DELIVERY CARRIAGE CHARGES
Hire charges do not include carriage. You will pay to us any agreed charges for delivering or collecting Equipment. Where we quote carriage charges, these include only for the time required to load or unload alongside our vehicle at the address you have specified. You will pay extra for any further time or attendance including any attempt by us to carry out your prearranged instructions for delivery or collection which is unsuccessful due to your acts or omissions. All carriage quotations are for a one-way journey unless specified as "Return Carriage"
4. WHEN THE CONTRACT COMES INTO BEING
The Contract comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these Conditions and we have accepted your order. You recognize and agree that we reserve the right not to hire or sell the Equipment to any person whether we are hiring or selling on behalf of any independent seller or otherwise.
5. SAFETY AND INSTRUCTIONS
It is your responsibility to make sure that the equipment is suitable to be used for your chosen application and all persons who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us. You must ensure that the Equipment is not misused. Any communication provided by the company or employees in any form whatsoever is made in good faith however, selection and suitability of hire equipment is your responsibility.
6. WHEN YOUR SIGNATURE FOR RECEIPT OF EQUIPMENT BECOMES EFFECTIVE
Where for administrative convenience, you or your agent are requested by us to sign a receipt for the Equipment before it is handed over, you or your agent will be given the opportunity to examine the Equipment when it is physically handed over to you or your agent. The receipt will not be effective until immediately after the physical handover.
7. RESPONSIBILITY OF HIRER (YOUR RESPONSIBILITY)
(i) You will be responsible for the loading and unloading of the Equipment at the address specified by you. You will also be responsible for the loading and unloading of the Equipment at our premises when the Equipment is transported by you or your agent. If we supply any person to assist you, he will be under your control at such times.
(ii) Your responsibility for the Equipment begins when you or your agent receive the Equipment. If it is delivered to you your responsibility begins on delivery. Your responsibilities include safekeeping of the Equipment, and protection against the elements, theft, vandalism or improper use. You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment at the end of hire. Your responsibility ends only when the equipment has been returned or collected, and you have our unqualified receipt for all of the Equipment. You must not sell or otherwise part with control of the Equipment.
(iii) You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever, and in respect of any death or personal injury whatsoever or damage to or loss of property whatsoever (other than the Equipment itself, which is governed by Conditions 12 and 13) arising out of the delivery, use, non-use, repossession, collection or return of the Equipment or any part of it. This indemnity will be reduced in proportion to the extent that such expense liability, financial loss, claim or proceedings or death or personal injury or damage to or loss of property is due to our proven negligence.
(iv) If items are unavailable for hire at the time of order, we will attempt to offer an alternative by contacting you. You do not have to accept the alternative however, if you do, you are responsible for acceptance in accordance with condition 5 above.
8. ELECTRICAL EQUIPMENT
Where any or part of the Equipment is electrical it should normally be used with plugs and/or sockets as fitted but if temporarily fitted with other suitable plugs or sockets, this must be carried out by a competent person who must also return it to its original condition. It will be your responsibility at all times to arrange a suitable supply of electricity for use with the Equipment. Under no circumstances should electrical Equipment be used without it being correctly earthed unless it is of double insulated specification. You will be responsible for complying with the requirements of the Electricity at Work Regulations 1989 during the period of your responsibility for the Equipment as defined in Condition 8 (ii) of these conditions.
9. MAINTENANCE OF EQUIPMENT, BREAKDOWN PROCEDURES AND ACCIDENT REPORTING
You must keep yourself acquainted with the state and condition of the Equipment and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Equipment must be immediately notified to us. Under no circumstances must you repair or attempt to repair the Equipment unless authorized by us. The Equipment must be returned to our premises for examination except where examination elsewhere has been mutually agreed upon. You must notify us immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property, or injury to any person.
10. LOCATION OF EQUIPMENT
Equipment must not be removed without our authority from any site originally specified by you or from any site we subsequently authorize.
11. LIMITS OF OUR LIABILITY
(i) All times which we state or quote for delivery or collection are approximate.
(ii) We will not be liable for any delays caused by any circumstances beyond our reasonable control.
(iii) We will not be liable for any indirect loss, loss of business, profits, savings you expected to make, wasted money, wages, fees or expenses, due to late delivery, unsuitability, breakdown or stoppage of the Equipment or any part of it.
12. INSURANCE AND YOUR RESPONSIBILITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT.
(i) You will pay to us the replacement cost of any Equipment which is stolen or lost or damaged beyond economical repair. You are advised to insure the Equipment on this basis. You will hold in trust for us and pay to us on demand all money you receive from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of the Equipment. You must not compromise any claim without our express consent. You are advised to insure all hire items for a minimum value equal to ten times the monthly list price.
13. NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
(i) You have full responsibility for the care and safekeeping and return in good order of the Equipment.
(ii) You will pay to us all costs we incur in rectifying any Equipment returned damaged or unclean. Additionally you will pay for our financial loss until such rectification is complete.
(iii) Where Equipment is lost or stolen or damaged beyond economic repair, you will pay for all financial loss to us until you have paid to us the replacement cost. This is without prejudice to our other rights.
14. TERMINATION OF HIRE
We will be entitled at any time if you break the Contract or if any proceedings are commenced in which your solvency is called into question to terminate this Contract with immediate effect and to repossess any or all of the Equipment. Such termination will not affect our right to recover from you any money due to us under this Contract or damages for breach of contract.
15. OUR RIGHTS OF ACCESS
You authorize us to enter any land or premises where we reasonably believe any Equipment to be, in order to inspect, test, repair, replace or repossess it.
16. RIGHTS RESERVED
Any failure by us to enforce any or all of these Conditions shall not amount to, or be interpreted as, a waiver of any of our rights.
17. SEPARATE TERM VALIDITY AND HEADINGS
If any item in this Contract is held to be invalid this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions.
In accepting these terms you agree the following :
To abide by the terms and conditions of hire as laid out in the above document. To arrange for adequate insurance cover in the event of any of the items hired suffering loss, damage or theft. You are authorized to sign this document as a representative of the company hiring this equipment.
General Conditions of Sale
1. DEFINITIONS AND LAW
The Contract is the document or documents that set out these Conditions and all other details about your agreement with us. "We" and "Us" means the seller of the Goods. "You" means the buyer of the Goods. The "Goods" means all goods to be sold by us to you. The "Recipient" means the person, firm, company, corporation or public authority to whom the goods are delivered, when it is not you. These Conditions exclude any terms and conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing. These Conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or any statutory modification of that Act. The Contract will be governed by and interpreted in accordance with English Law.
2. WHEN THE CONTRACT COMES INTO BEING
The Contract comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these Conditions and we have accepted your order.
Where we have granted monthly account facilities to you in writing, all invoices must be paid by the last day of the month following the month of delivery. Where no such facilities have been granted, payment will be with your order, or where previously agreed, on delivery. If payment is not made when due, we will be entitled to interest on the amount that is overdue at four percent above the prevailing base rate of Lloyds Bank Plc calculated on a daily basis. This will be without prejudice to any other rights or remedies we may have.
You, or the Recipient on your behalf, will receive and unload the Goods and should check them for quantity and condition in the presence of the carrier. If there is a shortage or if any of the Goods are in an unsatisfactory condition, you or the Recipient must so endorse the carrier's delivery document and must give a separate written notice of this within three days of delivery. If this Condition is not observed, no claim in respect of shortage or of unsatisfactory condition of the Goods will be entertained.
5. RISK AND TITLE TO GOODS
(i) The risk in the Goods will pass to you immediately on delivery of the Goods to you or to the Recipient.
(ii) The ownership of the Goods will remain with us and we reserve the right to dispose of the Goods until you have paid in full for all the Goods which we have supplied at any time to you. Until such payment has been made in full you will hold the Goods on our behalf and will be under an obligation to return them to us on demand. You will permit us to enter any land or premises of yours to recover our Goods.
6. LIMIT OF OUR LIABILITY
(i) All times which we state or quote for delivery are approximate.
(ii) We will not be liable for any delays caused by any circumstances beyond our reasonable control.
(iii) We will not be liable for any indirect loss, loss of business, profits, savings you expected to make, wasted money, wages, fees or expenses, due to late delivery, non-delivery, unsuitability, breakdown or stoppage of the Goods or any part of them.
7. RIGHTS RESERVED
Any failure by us to enforce any or all of these Conditions shall not amount to or be interpreted as a waiver of any of our rights.
8. SEPARATE TERMS VALIDITY AND HEADINGS
If any term in this Contract is held invalid, this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions.