Terms & Conditions
Terms & Conditions - Any questions then please ask using our contact page
TERMS AND CONDITIONS
1. INTERPRETATION
1.1 In these terms, the following definitions apply:
“Consumer”: a private individual who is acting for purposes wholly or mainly outside their trade, business, craft, or profession.
“Contract”: an agreement between the Customer and the Supplier for the hire or sale of Goods, which incorporates these terms and conditions.
“Customer”: any person, company, partnership, or organisation hiring Hire Goods or purchasing Sale Goods from the Supplier.
“Confirmation”: any written document issued by the Supplier to the Customer confirming the details of an order (not simply an acknowledgement of receipt as referred to in clause 18.3).
“Deposit”: any upfront payment required by the Supplier in connection with Hire Goods, held as security for the duration of the hire.
“Force Majeure”: an event outside a party’s reasonable control, including (but not limited to) natural disasters, war, fire, flooding, strikes, lockouts, industrial disputes, civil unrest, terrorism, governmental actions, or similar circumstances.
“Goods”: any equipment, machinery, tools, or accessories specified in a Contract that are hired or sold to the Customer.
“Hire Goods”: Goods supplied to the Customer on a rental basis.
“Hire Period”: the time during which the Customer is responsible for the Hire Goods, commencing when the Goods leave the Supplier’s possession (including weekends and Bank Holidays), and ending when either:
(i) the Goods are physically returned to the Supplier; or
(ii) the Goods are collected or repossessed by the Supplier.
“Liability”: any and all responsibilities, damages, losses, costs, expenses, claims, or proceedings arising from or in connection with the Contract.
“Rental”: the current rate charged by the Supplier for the hire of the Goods, applicable for the duration of the Hire Period.
“Sale Goods”: any Goods sold outright by the Supplier to the Customer.
“Supplier”: HireItCo Ltd, a company registered in England and Wales (Company No. 10603316), trading as Small Tool Hire Co, together with its employees, agents, or authorised representatives.
“Services”: any related services supplied by the Supplier in connection with the hire or sale of Goods, including delivery, setup, or collection.
1.2 These terms and conditions may only be amended with the prior written approval of a director of the Supplier.
1.3 No variation made by any member of the Supplier’s staff shall be binding unless expressly agreed in writing by a director of the Supplier (this does not affect the statutory rights of Consumers).
1.4 In the event of any conflict between these terms and any other documentation provided to the Customer by the Supplier (HireItCo Ltd trading as Small Tool Hire Co), these terms shall take precedence unless otherwise stated. However, where specific details such as price, payment terms, Hire Period, or delivery arrangements are set out in a Confirmation, those details will override these terms. For Consumers, and in the case of second-hand or ex-hire goods, the Confirmation will take priority.
2. BASIS OF AGREEMENT
2.1 All Goods are offered for hire or sale subject to availability at the time requested by the Customer. The Supplier (HireItCo Ltd trading as Small Tool Hire Co) accepts no liability for any loss or damage arising from Goods being unavailable due to circumstances beyond its reasonable control.
2.2 Where Hire Goods are supplied to an individual, unincorporated body, or a partnership of two or three partners, and the hire would otherwise fall within the scope of the Consumer Credit Act 1974, the maximum Hire Period shall be limited to three (3) months. At the end of this period the agreement will automatically terminate, and the Customer must return the Hire Goods on or before the final day of hire. If the Customer fails to do so, they will be liable for any resulting losses. If the hire is to be extended beyond three months, a new Contract on the same terms will be issued. No single Hire Period will ever exceed three (3) months.
2.3 Nothing in these terms removes or restricts any statutory rights available to a Customer acting as a Consumer. If any provision of this Contract is deemed unenforceable by law, the remainder will continue to apply in full. For further guidance on Consumer rights, Customers may contact Trading Standards or Citizens Advice.
3. FAULTY GOODS OR SERVICES
3.1 Where the Customer is a Consumer, the Supplier (HireItCo Ltd trading as Small Tool Hire Co) has a legal duty to provide Goods and Services that conform with the Contract. This includes Goods that are free from faults and as described, and Services carried out with reasonable skill and care.
4. PAYMENT
4.1 All charges — including Deposits, Rental, Sale Goods, and any Services — will be as quoted, shown in the Supplier’s (HireItCo Ltd trading as Small Tool Hire Co) price list, or detailed in the Confirmation (in case of conflict, the Confirmation will prevail). Deposits and advance payments must be made before Hire Goods are released.
4.2 Unless otherwise agreed in writing by a director or credit manager, payment is due by the end of the month following the month of invoice. Invoices will be issued by HireItCo Ltd trading as Small Tool Hire Co. If credit terms have not been agreed, payment must be made either when ordering or upon delivery/collection of Goods. Prices exclude VAT, which will be added at the prevailing rate.
4.3 Time of payment is essential. Payment is not complete until the Supplier has received cleared funds.
4.4 If the Customer does not pay on the due date:
4.4.1 Interest may be charged at either the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998, or 4% above the Supplier’s bank base rate, whichever is higher.
4.4.2 All sums owed under this and any other contract with the Supplier shall become immediately due.
4.4.3 The Supplier may also recover fixed compensation charges as permitted under the 1998 Act.
4.5 Unless disputed within 14 days of the invoice date, the Rental or charges shown shall be treated as accepted.
4.6 Payments must be made in full without deduction, set-off, or counterclaim, except where the Customer is a Consumer with statutory rights to do so.
4.7 Where the Customer is a Consumer, overdue sums may incur interest at 2.5% above the Bank of England base rate.
4.8 The Supplier may set and vary credit limits at its discretion. Exceeding this limit may result in suspension or termination of hire or services.
4.9 If Goods are supplied in excess of the credit limit at the Customer’s request (or that of its representatives), the Customer will remain liable for the full balance.
4.10 The Supplier may securely store Customer credit card details and use them for future rentals or to recover outstanding charges where permitted.
4.11 Where the Supplier holds Customer-owned equipment for service or repair, it will retain such items for up to three (3) months following completion of work. After this period, if no instructions have been received, the Supplier may dispose of or sell the equipment, applying any proceeds against outstanding debts.
4.12 Any remaining balances from such disposal or sale will be offset against the Customer’s account.
4.13 If the original hire was paid by credit card and later extended, the Supplier (HireItCo Ltd trading as Small Tool Hire Co) reserves the right to charge that card for additional hire fees, and will notify the Customer of such charges.
5. RISK, OWNERSHIP AND INSURANCE
5.1 Risk in the Goods transfers to the Customer once they leave the Supplier’s (HireItCo Ltd trading as Small Tool Hire Co) possession.
5.2 Risk in Hire Goods remains with the Customer until the Goods are physically returned to the Supplier (HireItCo Ltd trading as Small Tool Hire Co), regardless of whether the Hire Period has ended.
5.3 Ownership of Hire Goods always remains with the Supplier (HireItCo Ltd trading as Small Tool Hire Co). Ownership of Sale Goods remains with the Supplier until full payment has been made.
5.4 Until ownership passes, the Customer must:
(i) hold Sale Goods as bailee for the Supplier (HireItCo Ltd trading as Small Tool Hire Co);
(ii) store them separately and clearly identifiable;
(iii) not remove or deface labels or markings;
(iv) keep them in good condition;
(v) insure them at full replacement value.
5.5 Hire Goods must not be sold, pledged, assigned, or otherwise disposed of. Re-hire is only permitted with the Supplier’s prior written consent.
5.6 The Supplier (HireItCo Ltd trading as Small Tool Hire Co) may require the Customer to arrange insurance or may provide insurance cover at an additional cost. Any insurance claims must not be settled without the Supplier’s consent.
6. DELIVERY, COLLECTION AND SERVICES
6.1 Unless agreed otherwise, the Customer is responsible for collecting and returning Goods. If delivery or collection is arranged by the Supplier (HireItCo Ltd trading as Small Tool Hire Co), standard delivery charges apply. Risk in the Goods during transit lies with the Supplier.
6.2 The Customer must give at least three (3) working days’ notice for collection of Hire Goods. Until collected, the Customer remains liable for loss or damage unless the Supplier (HireItCo Ltd trading as Small Tool Hire Co) fails to collect within five (5) working days after notice.
6.3 Where Services are provided, individuals carrying out those Services act under the direction of the Customer once instructed. The Customer is responsible for their guidance and liable for outcomes unless negligence is proven against the Supplier (HireItCo Ltd trading as Small Tool Hire Co).
6.4 The Customer must ensure the site is accessible, prepared, and has sufficient facilities for delivery, collection, or Services to be carried out.
6.5 Delays, cancellations, or failures caused by the Customer will result in additional charges, except where due to a Force Majeure event and the Customer is a Consumer.
7. CUSTOMER’S RESPONSIBILITIES FOR HIRE GOODS
The Customer shall:
Use the Hire Goods correctly and safely, following any instructions.
Report any loss, theft, or damage immediately to the Supplier (HireItCo Ltd trading as Small Tool Hire Co).
Protect the Goods from risk or damage.
Provide access for inspection if required by the Supplier.
Not remove Goods from the country without written consent from the Supplier.
Keep Goods clean and in good condition.
Ensure only suitably trained and qualified people operate the Goods.
Return the Goods to the Supplier in the same condition (fair wear and tear excepted).
8. BREAKDOWN
8.1 If the Hire Goods break down due to inherent fault or fair wear and tear, Rental charges may be adjusted, provided the Customer reports the fault promptly and the Supplier (HireItCo Ltd trading as Small Tool Hire Co) cannot repair or replace the Goods in reasonable time.
8.2 The Customer is responsible for costs arising from breakdowns caused by negligence, misuse, or misdirection.
8.3 The Supplier will cover the cost of repairs due to normal wear and tear or inherent defects. The Customer will cover other repairs unless caused by the Supplier’s negligence.
8.4 The Customer must not attempt repairs without the Supplier’s written consent.
9. LOSS OR DAMAGE
9.1 If Hire Goods are returned damaged or unclean (beyond fair wear and tear), the Customer must cover repair or cleaning costs and Rental until the Goods are fit for rehire.
9.2 If Hire Goods are lost, stolen, or beyond repair:
For items under 12 months old: the Customer pays the full replacement cost.
For older items: the Customer pays the Supplier’s (HireItCo Ltd trading as Small Tool Hire Co) loss less any insurance or deposit.
9.3 Rental charges remain payable until the Supplier is notified of the loss or damage.
9.4 From notification until replacement payment is received, the Customer must also pay liquidated damages equal to two-thirds of the Rental rate, representing lost hire income. The Supplier will act promptly to replace the Goods after payment is received.
10. CONSUMER CANCELLATION RIGHTS
10.1 This clause applies only to orders made online or by telephone by Customers acting as Consumers.
10.2 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Consumers may cancel any Contract for purchased Goods or for hired Goods (where no fixed hire term has been agreed) within 14 days from the day after receiving the Goods, without charge. Cancellation must be made in writing to the Supplier (HireItCo Ltd trading as Small Tool Hire Co) at the address provided at the end of these terms.
10.3 Where cancellation is exercised:
(a) If Goods have already been supplied, any advance payments will be refunded within 14 days of the Supplier receiving the returned Goods, or upon the Customer providing proof of return, whichever is sooner.
(b) If no Goods or Services have been provided, refunds will be made within 14 days of the Supplier being notified of the cancellation.
10.4 If the Consumer has asked the Supplier to begin Services within the 14-day period, the right to cancel ends once the Services are completed. If cancelled part-way through, the Consumer must pay for Services already provided up to the point of cancellation.
10.5 Consumers have no right to cancel if the Contract relates to accommodation, transport of goods, vehicle hire, catering or leisure services arranged for a fixed date or period.
10.6 Goods must be returned by the Customer at their own cost unless otherwise agreed.
10.7 Cancellation may be sent by post, email, or by using the cancellation form provided with these Terms.
10.8 Goods can be returned to any Supplier branch.
10.9 If the Supplier has to collect returned Goods because the Customer has failed to do so, the direct costs of recovery will be deducted from the refund.
10.10 Refunds will normally be made using the original payment method.
10.11 Refunds may be reduced if Goods are returned in a condition beyond what would reasonably be expected in a shop environment.
10.12 Delivery refunds will be capped at the cost of the cheapest delivery service offered.
10.13 For Services, refunds may be reduced proportionally to cover the value of work already completed before cancellation.
11. ENDING THE HIRE BY NOTICE
11.1 If the hire is for a fixed term, neither party may terminate early unless otherwise agreed.
11.2 Where the hire has no fixed term, either party may end the arrangement by giving the agreed notice period.
11.3 If no notice period was agreed, the Customer may end the hire by returning the Goods to the Supplier (HireItCo Ltd trading as Small Tool Hire Co).
11.4 If no notice period was agreed, either party may end the hire with at least 14 days’ written notice.
11.5 These rights are in addition to the statutory cancellation rights set out in clause 10.
12. DEFAULT BY THE CUSTOMER
12.1 The Supplier may take action under clause 12.2 if the Customer:
(a) fails to pay on time;
(b) breaches the Contract and fails to remedy within 14 days of notice;
(c) repeatedly breaches the Contract;
(d) provides false or misleading information;
(e) becomes insolvent, bankrupt, enters liquidation or similar proceedings;
(f) ceases trading or appears unable to meet obligations;
(g) fails to return Goods by the due date.
12.2 In such circumstances, the Supplier (HireItCo Ltd trading as Small Tool Hire Co) may:
(a) enter Customer premises (or third-party premises with consent) to recover Goods;
(b) stop performing or delivering Services;
(c) terminate the Contract immediately;
(d) require immediate payment of all sums due.
12.3 The Customer authorises the Supplier to enter any premises where Goods are held in order to recover them.
12.4 Recovery of Goods does not affect the Supplier’s right to recover outstanding charges or damages.
12.5 The Supplier may also claim costs for repair, replacement, or recovery of Goods where these cannot be collected due to Customer default.
12.6 On termination, the Customer must:
(a) return the Goods immediately, or make them available for collection;
(b) pay all outstanding charges and costs due.
13. LIABILITY
13.1 The Supplier (HireItCo Ltd trading as Small Tool Hire Co) guarantees that:
(a) Services will be delivered with reasonable skill and care;
(b) Goods will match their description, be of satisfactory quality, and be suitable for their normal use.
13.2 This guarantee lasts for six months, or in the case of hired Goods, for the duration of the hire (whichever is shorter). It does not apply to second-hand or ex-hire Goods sold.
13.3 Liability may be limited where the Goods are covered by a manufacturer’s warranty.
13.4 Except as required by law, all implied warranties or conditions are excluded.
13.5 Customers are responsible for inspecting Goods before accepting them and confirming suitability.
13.6 Liability for damage to Customer property is limited to the replacement cost of the damaged item.
13.7 Defective Goods must be returned for inspection before liability is accepted.
13.8 The Supplier has no liability where payments are overdue.
13.9 No liability is accepted for continued use of faulty Goods after defects become apparent.
13.10 The Supplier must be given a reasonable opportunity to correct any problem before the Customer seeks alternative remedies.
13.11 Where the Customer is insured, they must ensure insurers waive subrogation rights against the Supplier.
13.12 The Supplier will not be liable for:
consequential or indirect loss;
loss of profits, revenue, or savings;
business interruption;
wasted staff time;
loss of data;
loss due to inability to complete work caused by incorrect or delayed supply.
13.13 The Supplier’s maximum liability under any Contract will not exceed the greater of £1,000 (or equivalent in Euros) or five times the hire or purchase price under that Contract.
13.14 These exclusions apply to claims in contract, negligence, statutory duty or otherwise.
13.15 Where the Customer is a Consumer, liability is limited to losses that are foreseeable and excludes business losses.
13.16 Nothing in these terms excludes liability for death, personal injury caused by negligence, fraud, or any matter that cannot legally be excluded.
14. GENERAL PROVISIONS
Certain clauses will remain in force after termination (see 4.2, 4.4, 4.6, 7, 8, 9.1, 9.3).
Each hire is a separate Contract.
Customers are responsible for the actions of their staff or agents.
Consumers may raise complaints by phone or email to the Supplier (HireItCo Ltd trading as Small Tool Hire Co).
The Supplier may rely on third-party suppliers.
Delay caused by Force Majeure extends performance timeframes.
No third party has rights under this Contract except authorised finance companies.
The Supplier may transfer or subcontract its obligations without reducing the Customer’s rights.
These terms and any Confirmation form the whole agreement.
The Contract is governed by the law of the country where the Supplier operates.
15. PAYMENTS
The Supplier (HireItCo Ltd trading as Small Tool Hire Co) may process payments by debit or credit card for any sums due, including where a pre-authorised voucher has been signed by the Customer.
16. DAMAGE WAIVER (OPTIONAL)
An optional Damage Waiver may be offered for some Goods, covering up to £500 of accidental damage in exchange for an additional charge.
The Waiver does not apply to deliberate misuse, theft, negligence, lack of care, or failure to report damage within 48 hours.
The Waiver does not cover lost or stolen Goods, cleaning, or maintenance.
The Waiver is not insurance and does not cover third-party claims.
17. DATA PROTECTION
The Supplier’s (HireItCo Ltd trading as Small Tool Hire Co) Privacy Policy sets out how personal data is collected, used, and stored, and is available on the Supplier’s website.
18. ONLINE ORDERS
Orders from outside the UK are not accepted unless agreed in writing.
Orders placed online are an offer, only binding once the Supplier issues a written Confirmation.
Collection must be made within 7 days of Confirmation, or the order may be cancelled.
Prices may change, but Confirmed orders are unaffected.
The Supplier reserves the right to reject orders where pricing errors are obvious.
Communication will primarily be electronic.
Disputes may be referred to an independent resolution body.
19. PROMOTIONAL OFFERS
Discounts are time-limited and subject to availability.
Codes cannot be combined with other offers, used by trade account holders, or redeemed in-store.
The Supplier (HireItCo Ltd trading as Small Tool Hire Co) may withdraw or amend offers at any time.
20. MISUSE OF DISCOUNTS
The Supplier (HireItCo Ltd trading as Small Tool Hire Co) may cancel or deactivate discount codes if they are misused (including unauthorised sharing). Misuse may result in cancellation of orders, withdrawal of promotional rights, and restriction of future participation.
SUPPLIER DETAILS
HireItCo Ltd (Company No. 10603316)
Registered office: UNIT 9 HALL FARM, MAIN ROAD, HOLWELL, LE14 3LR
Trading as Small Tool Hire Co
VAT No: 314362333